Transport Act 1985

Product Information

You must charge separate fares if you use a small vehicle ie it carries 8 or fewer passengers. Vehicle testing

Regulation 10 of The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 empowers the traffic commissioner to exercise their powers under sections 16(3), 16(5)(a) and 17 of the 1981 Act in such manner as may be necessary in the opinion of the traffic commissioner to remedy any contravention of Regulation (EU) No 181/2011 by the holder of a PSV operator’s licence in respect of whom that traffic commissioner is the enforcement authority. The judgment refers to the size and scale of the operator’s involvement in the road passenger transport market as being a potentially relevant factor when assessing the purposes for which it engages in road passenger transport. For example, where an operator is a large community transport operator in an area where it competes with other large commercial operators, then this factor may make it more difficult to conclude that the purposes for which the operator is engaging in road passenger transport are ‘exclusively non-commercial’. Even if some of its purposes are non-commercial the exemption requires each and every purpose to be non-commercial. However, size and scale of the operator is not in itself sufficient to prevent an operator falling within the scope of the exemption provided they can demonstrate that all their purposes are non-commercial. In doing so, all the factual circumstances need to be taken into account. Cross subsidy The last example (Example 5) shows evidence of an organisation not meeting the criteria for the ‘main occupation’ exemption:Monitoring needs to vary according to the reliability and punctuality of the route as well as service frequency. The less reliable the route the more monitoring and remedial action will be required. Conversely where a service is achieving high compliance then less monitoring will be required. The method of monitoring will vary according to the type and size of operator and the type of equipment and facilities that it has available. 3. Annex to Guidance - examples of a good operation non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility; your vehicles are insured and your insurer is aware that your vehicles are used to provide services for hire or reward under a permit The government has given effect to the short distance exemption through The Transport Act 1985 (Amendment) Regulations 2019 which came into force on 1 October 2019.

that the operator expends a sum of money, limited to the provision or improvement of local services or facilities; undertakings…which have a main occupation other than that of road passenger transport operator” (the “main occupation exemption”) Public inquiries are part of a range of tools available to traffic commissioners to ensure compliance and include the ability to prepare a report recommending the implementation of remedial measures to be taken by the operator and/or the local traffic authority. Preliminary hearings can be useful in determining whether to take regulatory action (see Statutory Guidance and Statutory Directions on Case Management).

Changes over time for: Section 26

The same legal entity cannot hold both an ‘O’ licence and a section 19 or 22 permit under the 1985 Act. This is regardless of whether an organisation is carrying out all services for exclusively non-commercial purposes. 3.3 Main occupation exemption At present (August 2009), children 3 to 13 years are not legally required to use seat belts. Regulations will be put in place as soon as possible which will require these children to use seat belts, or where available, child seats / boosters appropriate to their weight (as in cars). In many cases child seats / boosters won’t be available because parents / carers don’t have them, or they won’t fit in this type of vehicle, so seat belts will have to be used. Children under 3 years may be carried unrestrained if there is no baby / child seat available. The seat belt should not be used for both adult and child if a child under 3 years is carried on the lap of an adult - in the event of a crash the child would be in danger of being crushed. Until regulations can be put in place, many organisations will wish to make it their policy that seat belts (or child restraints where possible) are used.