45Community bus services
(1)where on an application in that behalf the traffic commissioners for any traffic area grant a road service licence in respect of a community bus service—
(a)the licence shall state that it is granted in respect of such a service;
(b)the conditions specified in subsection (2) below shall be attached to the licence ; and
(c)such provision as is mentioned in subsection (3) below may be included in the licence with respect to the use of the community bus otherwise than in the operation of the community bus service.
(2)The conditions to be attached in every case to a road service licence granted in respect of a community bus service are—
(a)that any vehicle used in the course of the service is adapted to carry more than eight but not more than sixteen passengers;
(b)that the driver of any vehicle being used in the course of the service—
(i)is a volunteer; and
(ii)if not the holder of a public service vehicle driver's licence, fulfils any prescribed conditions for drivers of community buses;
(c)that any vehicle used in the course of the service fulfils the prescribed conditions of fitness for use as a community bus; and
(d)that there is displayed on any vehicle being used in the course of the service such disc or other document issued by the traffic commissioners as may be prescribed for a vehicle used as a community bus;
and the powers conferred by section 32(3) and (5) of this Act to alter, remove or dispense from compliance with conditions attached to a road service licence shall not apply to conditions attached under this subsection.
(3)Traffic commissioners on granting a road service licence in respect of a community bus service may, if they are satisfied that in all the circumstances it is reasonable to do so with a view to providing financial support for that service, include in the licence provision authorising the use of the community bus as a contract carriage or as an express carriage (or both), subject to such restrictions (if any) as the commissioners think fit to impose; and where such provision is included in a licence, the conditions attached under subsection (2) above to the licence shall apply to the use of the community bus as a contract carriage or express carriage as they apply to the use of a vehicle in the course of the community bus service.
(4)Sections 6, 9, 12(1) and 22 of this Act shall not apply to the driving or use of a vehicle in the course of a community bus service or in the course of its use as a contract carriage or express carriage in accordance with any such provision as is mentioned in subsection (3) above.
(5)Where a community bus service is provided in whole or in part in Greater London, that service or part shall not be regarded as a London bus service within section 23 of the [1969 c. 35.] Transport (London) Act 1969 (under which the agreement or consent of the London Transport Executive is required instead of a road service licence); but where the traffic commissioners of the Metropolitan Traffic Area propose—
(a)to grant a road service licence in respect of such a service; or
(b)to vary the conditions attached to such a licence,
they shall consult the London Transport Executive about the proposal.
(6)Subsection (7) of section 30 of this Act shall apply in relation to a condition attached to a road service licence under subsection (2) above as it applies in relation to a condition so attached under section 32 of this Act; and, for the purposes of sections 69 to 72 and 74 of this Act, an offence under the said subsection (7) as applied by this subsection shall be treated as an offence under Part III of this Act.
(7)Regulations may provide that, in relation to any community bus service provided in whole or in part within a trial area, the preceding provisions of this section shall have effect with such additions, omissions, alterations or other modifications as may be prescribed.
(8)In this section—
"community bus service" means a stage carriage service provided—
(a)by a body of persons (whether corporate or unincorporate) concerned for the social and welfare needs of one or more communities; and
(b)without a view to profit, either on the part of those persons or of anyone else;
and in relation to such a service " the community bus " means any vehicle used on a regular basis in the course of the service ;
" volunteer ", in reference to the driver of a vehicle on any journey, means that he is not paid for driving the vehicle on that journey, disregarding—
(a)any payment of reasonable expenses incurred by him in making himself available to drive; and
(b)any payment representing earnings lost as a result of making himself available to drive in exceptional circumstances.