The Section 19 Permit Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Minibus and Other Section 19 Permit Buses Regulations 1987. They apply to any vehicle used under a section 19 permit and to the drivers of such vehicles. A section 19 permit is a permit granted under section 19 of the Transport Act 1985 (“the 1985 Act”) under which certain educational and other bodies may carry their members and certain other people on a public service vehicle without having to satisfy the usual public service vehicle operator licensing requirements. Such vehicles may not be used to carry members of the general public and must not be used with a view to profit. Permits may be granted by traffic commissioners, or by bodies designated for this purpose in an order made under section 19(7) of the 1985 Act.

Provisions in the Local Transport Act 2008 amended section 19 of the 1985 Act so as to enable public service vehicles with fewer than 9 passenger seats to be used under a section 19 permit. As a result of these amendments there are two classes of permit: a large bus permit, which authorises the use of a large bus (a vehicle adapted to carry more than sixteen passengers), and a standard permit which authorises the use of a small bus (a vehicle adapted to carry more than eight but not more than sixteen passengers) or a public service vehicle other than a bus (a vehicle adapted to carry fewer than nine passengers).

Regulations 3 to 5 prescribe the conditions that must be met by the drivers of large buses, small buses and public service vehicles other than buses when used under a permit.

Regulation 6 prescribes the conditions of fitness to be satisfied by a small bus used under a permit.

Regulation 7 prescribes the fee to be paid to the traffic commissioner for the grant of a permit. The fee for a standard permit is £11, and for a large bus permit is £20. The fees were last increased on 1st April 2007. Where permits are granted by a designated body, it is for that body to decide whether to charge a fee, and the level of any such fee. No fee is charged for the provision of either a replacement or new permit by the traffic commissioners for permits which are lost or destroyed.

Regulation 8 prescribes the information which such a permit must contain. Amendments to the 1985 Act made by the Local Transport Act 2008 empower the Secretary of State to limit the validity of section 19 permits to a period not exceeding five years. Regulation 8(1) provides for all section 19 permits granted on or after 6th April 2009 to be so limited.

Regulation 9 specifies that a corresponding disc, with an identical serial number, must be issued with every permit. Such a disc must be displayed in the vehicle which is being used to provide a service under a permit, and contain the information prescribed in this regulation.

Regulations 10 to 12 prescribe the procedure to be followed where a permit or disc is lost or destroyed, or when a permit needs to be returned to the issuing body. Where a permit or disc granted or issued before 6th April 2009 is lost or destroyed, the permit is to be revoked and any new permit will be valid only for a period not exceeding five years.

Regulation 13 contains transitional provisions, and regulation 14 revokes The Minibus and Other Section 19 Permit Buses Regulations 1987, together with three amending instruments. These instruments are listed in the Schedule to these Regulations.

An impact assessment has been prepared and copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. The assessment is annexed to the Explanatory Memorandum which can be found alongside the instrument on the Office of Public Sector Information website (www.opsi.gov.uk).