The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009

PART 2REGISTRATION DURING TRANSITIONAL PERIOD

Applications to which this Part applies

3.—(1) This Part applies to any application—

(a)to register particulars of a local service(1) under section 6 of the 1985 Act (registration of local services, or

(b)to vary or cancel an existing registration made under that section,

in the circumstances described in paragraph (2).

(2) The circumstances are that the application—

(a)relates to a local service which has one or more stopping places(2) in any area to which a scheme relates; and

(b)is made during the transitional period which relates to that scheme.

(3) Where this Part applies, regulations 5 to 8 of the Public Service Vehicles (Registration of Local Services) Regulations 1986(3) (periods of notice: local services registrations) do not apply.

Period of notice for new registration during transitional period

4.—(1) Subject to paragraph (2) and regulations 7 and 8, the period of notice prescribed for the purposes of section 6(3)(a) of the 1985 Act in respect of an application to which this Part applies is—

(a)28 days in the case of a community bus service(4), or

(b)56 days in the case of any other service(5),

commencing on the date on which the traffic commissioner accepts the application.

(2) In the circumstances described in paragraph (3), section 6(3) of the 1985 Act has effect as if paragraph (a) and the words “if longer,” at the beginning of paragraph (b) of that subsection were omitted.

(3) The circumstances are that—

(a)a person has applied to vary or cancel a registration with the effect that affected local services are to cease to be provided by that person before the coming into force of a quality contract;

(b)a person has applied to register particulars of local services (“new local services”) which are the same as or similar to the affected local services described in sub-paragraph (a); and

(c)the new local services described in sub-paragraph (b) will be provided under an agreement entered into by an authority responsible for expenditure on public passenger transport services by reason of the impending cessation of the affected local services.

(4) For the purposes of this regulation—

“affected local services” means services which, on the coming into force of a quality contract, the person providing those services would be required by virtue of section 129(1)(b) of the 2000 Act to cease to provide; and

“authority responsible for expenditure on public passenger transport services” takes the meaning given in section 88(8) of the 1985 Act(6).

Period of notice for cancellation of registration during transitional period

5.—(1) Subject to regulations 7 and 8, the cancellation of a service registration to which this Part applies becomes effective, for the purposes of section 6(8)(a) of the 1985 Act, on the expiry of the period prescribed in paragraph (2).

(2) The period is—

(a)28 days in the case of a community bus service,

(b)56 days in the case of a service which is not a community bus service, and which has been excluded from the scheme by virtue of section 127(4) of the 2000 Act, or

(c)112 days in the case of any other service,

commencing on the date on which the traffic commissioner accepts the application.

Period of notice for variation of registration during transitional period

6.—(1) Subject to regulations 7 and 8, the variation of a service registration to which this Part applies becomes effective, for the purposes of section 6(8)(a) of the 1985 Act, on the expiry of the period prescribed in paragraph (2).

(2) Subject to paragraph (4) the period is—

(a)28 days in the case of a community bus service,

(b)112 days in the case of a service in respect of which a traffic commissioner has, having satisfied the requirements prescribed in paragraph (3), determined that the variation would have a significantly detrimental effect on persons using the service, or on a significant proportion of such persons, or

(c)56 days in the case of—

(i)a service which, before the service is varied in accordance with the application to which this regulation relates, is to be excluded from the scheme by virtue of section 127(4) of the 2000 Act, or

(ii)any service not falling within sub-paragraph (a), (b) or (c)(i),

commencing on the date on which the traffic commissioner accepts the application.

(3) Before making a determination under paragraph (2)(b) the traffic commissioner—

(a)must, where the operator has given less than 112 days notice of the proposed variation, consult, and have regard to any representations made by, the local transport authority or authorities, as defined in section 108(4) of the 2000 Act(7), who made the scheme; and

(b)must take into account other applications made during the transitional period to register particulars of a service or to vary service registrations.

(4) If an application to vary a service registration satisfies more than one of the criteria described in paragraph (2), the shorter or shortest period which applies to that application by virtue of those criteria is to apply for the purposes of section 6(8)(a) of the 1985 Act.

Determination of period by traffic commissioner

7.—(1) In respect of an application to which this Part applies, in any of the circumstances specified in paragraph (2)—

(a)section 6(2)(b) of the 1985 Act, where it applies, is to have effect as if for the words “the period of notice”, there were substituted the words “such period of notice as the traffic commissioner may determine”; and

(b)section 6(8)(a) of the 1985 Act, where it applies, is to have effect as if for the words “with the date determined in accordance with regulations under this section” there were substituted the words “on such date as the traffic commissioner may determine”.

(2) The circumstances are—

(a)where an operator applies to register, except in the situation described in regulation 4(3), particulars of a service, or to vary an existing registration, with respect to a service or part of a service which, if the application were to be accepted, would be substantially similar to and replace a service, or part of a service, which either the operator making the application, or another operator, has ceased to operate;

(b)where an operator applies to vary or cancel the registration of a service which is either not available to members of the general public or not generally used by them;

(c)where an operator applies to vary or cancel the registration of a service in response to representations from a person authorised by—

(i)a traffic authority, as defined in section 121A of the Road Traffic Regulation Act 1984(8), or

(ii)a chief officer of police,

on a matter concerning road traffic regulation or road safety;

(d)where an operator applies to register particulars of a service, or to vary an existing registration, and the effect is to introduce a new service, or to augment an existing service, for a period not exceeding 21 days in connection with a specified event or occasion which will cause an additional demand for a service;

(e)where an operator applies to vary a registration by adjusting the timetable of a service without significantly affecting the level of service provision, and the adjusted timings are—

(i)in no case more than 10 minutes earlier or later than those which they replace; or

(ii)required to adapt the service to a variation in a connecting rail, ferry or air service;

(f)where an operator applies to vary a registration so as to vary or suspend a service during a period not exceeding 14 days in response to public holidays restricted to the relevant locality or holidays taken by a substantial proportion of the population in that locality;

(g)where an operator, due to circumstances which could not reasonably have been foreseen, failed to make an application in sufficient time for the completion of the period of notice which would apply apart from this sub-paragraph;

(h)where an operator applies to register particulars of a service, or vary a registration, with respect to a service or part of a service in order to meet an urgent and exceptional public passenger transport requirement.

Circumstances in which no period applies

8.—(1) In respect of an application to which this Part applies, in the circumstances described in paragraph (2)—

(a)section 6(3) of the 1985 Act, where it applies, has effect as if paragraph (a) and the words “if longer,” at the beginning of paragraph (b) of that subsection were omitted; and

(b)section 6(8) of the 1985 Act, where it applies, has effect as if paragraph (a) and the words “if later,” at the beginning of paragraph (b) of that subsection were omitted.

(2) The circumstances are—

(a)where the application is in respect of a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently);

(b)where the application is to vary a registration only to enable the operator of the service to comply with a traffic regulation condition(9) or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic;

(c)where the application is to vary a registration only in respect of a change in the operator’s address.

(3) For the purposes of this regulation—

“railway passenger service” means any service for the carriage of passengers by railway; and

“railway” has the meaning given in section 67(1) of the Transport and Works Act 1992(10).

Consequential amendments

9.  The consequential amendments in the Schedule have effect.