Transport Act 1985

Modification of PSV requirements in relation to vehicles used for certain purposesE+W+S

18 Exemption from PSV operator and driver licensing requirements of vehicles used under permits.E+W+S

[F1(1)][F2Section 12(1)] of the 1981 Act (licensing of operators . . . F3 in relation to the use of public service vehicles for the carriage of passengers) shall not apply—

(a)to the use [F4by an exempt body] of any vehicle under a permit granted under section 19 of this Act, if and so long as the requirements under subsection (2) of that section are met; [F5or]

(b)to the use [F6by an exempt body] of any vehicle under a permit granted under section 22 of this Act;

[F7(2)Where a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part before 1st January 1997, he may drive any small bus at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that his licence under that Part does not authorise him to drive a small bus when it is being so used.

(3)Where—

(a)a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part on or after 1st January 1997, or

(b)a Community licence holder is authorised by virtue of section 99A(1) of that Act to drive in Great Britain a motor vehicle of any class,

he may drive any small bus to which subsection (4) below applies at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that he is not authorised by his licence under that Part or by virtue of that section (as the case may be) to drive such a bus.

(4)This subsection applies to any small bus which, when laden with the heaviest load which it is constructed to carry, weighs—

(a)not more than 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(b)not more than 4.25 tonnes otherwise.

(5)In this section—

• “Community licence” has the same meaning as in Part III of the Road Traffic Act 1988, F8...

• [F9“exempt body” means a body—

  (a)

  to whom the 2009 Regulation does not apply because the body is not engaged (and does not intend to engage) in the occupation of road transport operator (as defined in the 2009 Regulation);

  (b)

  to whom the 2009 Regulation does not apply by virtue of Article 1(4)(b) of the 2009 Regulation (non-commercial purposes or main occupation not road passenger transport operator); or

  (c)

  who satisfies the requirements of Article 1(5)(b) of the 2009 Regulation (minor impact on the transport market because of the short distances involved);]

• “small bus” has the same meaning as in sections 19 to 21 of this Act [F10; and

• “the 2009 Regulation” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC].]

[F11(6)For the purposes of paragraph (c) of the definition of “exempt body”, the circumstances in which a body engaged exclusively in national transport operations (within the meaning of the 2009 Regulation) is to be taken to satisfy the requirements of Article 1(5)(b) of that Regulation include (but are not limited to) a case where, except on an occasional basis—

(a)each service operated by the body using a public service vehicle under a permit is operated within a radius of ten miles from a place specified by that body upon applying for the grant (or variation) of that permit; or

(b)in respect of each service operated by the body using a public service vehicle under a permit, the distance from the first place where any passenger using that service is taken up to the last place where any passenger using that service is set down, is not more than ten miles, measured in a straight line.]

19 [F12Permits in relation to use of public service vehicles by educational and other bodies]E+W+S

(1)In this section and sections 20 and 21 of this Act—

• “bus” means a vehicle which is adapted to carry more than eight passengers;

• [F13“exempt body” has the same meaning as in section 18 of this Act;]

• “large bus” means a vehicle which is adapted to carry more than sixteen passengers;

• “small bus” means a vehicle which is adapted to carry more than eight but not more than sixteen passengers; and

• “permit” means a permit granted [F14to an exempt body] under this section in relation to the use of [F15a public service vehicle] for carrying passengers for hire or reward.

(2)The requirements that must be met in relation to the use of [F16a public service vehicle] under a permit for the exemption under [F17section 18(1)(a)] of this Act to apply are that [F18the vehicle]—

(a)is being used by [F19an exempt body] to whom a permit has been granted under this section;

(b)is not being used for the carriage of members of the general public nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit;

(c)is being used in every respect in accordance with any conditions attached to the permit; and

(d)is not being used in contravention of any provision of regulations made under section 21 of this Act.

(3)A permit in relation to the use of [F20a public service vehicle other than a large bus] may be granted by [F21an exempt body] designated by an order under subsection (7) below either to itself or to any [F22other exempt body] to whom, in accordance with the order, it is entitled to grant a permit.

(4)A permit in relation to the use of [F23a public service vehicle other than a large bus] may be granted by a traffic commissioner to [F24any exempt body] appearing to him to be eligible in accordance with subsection (8) below and to be carrying on F25... an activity which makes it so eligible.

(5)A permit in relation to the use of a large bus may be granted by a traffic commissioner to [F26any exempt body] which assists and co-ordinates the activities of bodies F27... which appear to him to be concerned with—

(a)education;

(b)religion;

(c)social welfare; or

(d)other activities of benefit to the community.

(6)A traffic commissioner shall not grant a permit in relation to the use of a large bus unless satisfied that there will be adequate facilities or arrangements for maintaining any bus used under the permit in a fit and serviceable condition.

(7)The Secretary of State may by order designate for the purpose of this section [F28exempt bodies] appearing to him to be eligible in accordance with subsection (8) below and, with respect to [F29any exempt body] designated by it, any such order—

(a)shall specify the [F30classes of exempt body] to whom the designated body may grant permits;

(b)may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless there are attached to the permit such conditions as may be so specified; and

(c)may require [F31the designated body] to make returns [F32and keep records] with regard to the permits granted [F33, varied or revoked] by it.

(8)[F34An exempt body] is eligible in accordance with this subsection if it is concerned with—

(a)education;

(b)religion;

(c)social welfare;

(d)recreation; or

(e)other activities of benefit to the community.

(9)[F35An exempt body] may hold more than one permit but may not use more than one [F36vehicle] at any one time under the same permit.

20 Further provision with respect to permits under section 19.E+W+S

(1)Subject to subsection (2) below, a permit shall specify the body to whom it is granted.

(2)A permit may be granted to a named individual on behalf of a body if, having regard to the nature of that body, it appears to the traffic commissioner or body granting the permit appropriate to do so.

(3)Where a permit is granted to a named individual on behalf of a body, it shall be treated for the purposes of this section and section 19 of this Act as granted to that body.

(4)In addition to any conditions attached to such a permit by virtue of section 19(7)(b) of this Act, the traffic commissioner or other body granting such a permit may attach to it such conditions as he or that body considers appropriate, including, in particular, conditions—

(a)limiting the passengers who may be carried in any [F37vehicle] used under the permit to persons falling within such classes as may be specified in the permit; and

(b)with respect to such other matters as may be prescribed.

[F38(5)Subject to subsection (6) below—

(a)a permit issued by a traffic commissioner may be varied or revoked by a traffic commissioner;

(b)a permit issued by a body designated under section 19(7) may be varied or revoked—

(i)by that body, or

(ii)by a traffic commissioner after consultation with that body.]

(6)A permit may not be varied so as to substitute another body for the body to whom it was granted.

(7)A permit shall remain in force until—

(a)it is revoked under subsection (5) above; or

(b)in the case of a permit granted by a body designated under section 19(7) of this Act, that body ceases to be so designated [F39; or

(c)it ceases to have effect under subsection (8) or (9) below]

[F40(8)A permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body.

(9)A permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date.]

21 Permits under section 19: regulations.E+W+S

(1)Regulations may prescribe—

(a)the conditions to be fulfilled by any person driving [F41a public service vehicle] while it is being used under a permit;

(b)the conditions as to fitness which are to be fulfilled by any small bus used under a permit;

(c)the form of permits; and

(d)the documents, plates and marks to be carried by [F42any vehicle] while it is being used under a permit and the manner and position in which they are to be carried.

(2)Where regulations are made by virtue of subsection (1)(b) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any small bus subject to the regulations.

(3)Regulations under this section may contain such transitional provisions as the Secretary of State thinks fit.

[F43(4)See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years).]

22 Community bus permits.E+W+S

(1)In this section and section 23 of this Act—

• “community bus service” means a local service provided—

(a)by [F44an exempt body] concerned for the social and welfare needs of one or more communities;

(b)without a view to profit, either on the part of that body or of anyone else; and

(c)by means of a vehicle adapted to carry more than eight F45... passengers; F46...

• “community bus permit” means a permit granted [F47to an exempt body] under this section in relation to the use of a public service vehicle—

(a)in providing a community bus service; or

(b)in providing a community bus service and (other than in the course of a local service) carrying passengers for hire or reward where the carriage of those passengers will directly assist the provision of the community bus service by providing financial support for it [F48; and

• “exempt body” has the same meaning as in section 18 of this Act].

(2)A community bus permit may be granted by [F49a traffic commissioner].

(3)A traffic commissioner shall not grant a community bus permit unless he is satisfied that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit.

(4)[F50An exempt body] may hold more than one community bus permit but may not use more than one vehicle at any one time under the same permit.

23 Further provision with respect to community bus permits.E+W+S

(1)The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit.

(2)Those requirements are that—

F51(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the driver either holds [F52a passenger-carrying vehicle driver’s licence [F53or PCV Community licence]] (within the meaning of Part IV of the Road Traffic Act 1988) [F54or] a public service vehicle driver’s licence [F53or PCV Community licence] or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and

(c)any vehicle used under the permit fulfils any prescribed conditions of fitness for such use.

(3)A traffic commissioner may at any time attach to a community bus permit F55... such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit.

(4)[F56A traffic commissioner may at any time while a community bus permit] is in force vary or remove any condition attached to it under subsection (3) above.

(5)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)[F57A traffic commissioner may at any time revoke a community bus permit] on the ground—

(a)that he is [F58not satisfied] with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit;

(b)that there has been a contravention of any condition attached to the permit; or

(c)that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit F59....

[F60(6A)A community bus permit shall remain in force until—

(a)it is revoked under subsection (6) above, or

(b)it ceases to have effect under subsection (6B) or (6C) below.

(6B)A community bus permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body.

(6C)A community bus permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date.]

(7)Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations.

(8)Regulations may prescribe—

(a)the form of community bus permits; and

(b)the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried.

[F61(9)See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years).]

[F6223APower to limit permits under section 19 or 22 to 5 yearsE+W+S

(1)Regulations may provide that any permit granted under section 19 or 22 of this Act on or after a date specified in the regulations is to be for such period not exceeding 5 years as may be identified in the permit by the person granting it.

(2)Nothing in subsection (1) above or any regulations made by virtue of that subsection prevents the grant of subsequent permits under section 19 or 22 of this Act to any person for further such periods.]