The Transport Act 1985 (Amendment) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend sections 18 to 23 (modification of PSV requirements in relation to vehicles used for certain purposes) of the Transport Act 1985 (“the 1985 Act”) in order to clarify the effect of 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 (“the 2009 Regulation”).

Regulation 2(2) amends section 18 (exemption from PSV operator and driver licensing requirements of vehicles used under permits), which provides that section 12(1) of the Public Passenger Vehicles Act 1981 (licensing of operators in relation to the use of public service vehicles for the carriage of passengers) shall not apply to the use of any vehicle under a permit granted under section 19 (permits in relation to the use of public service vehicles by educational and other bodies) or section 22 (community bus permits).

The amendments clarify the effect of the 2009 Regulation by providing that section 18 only applies to a vehicle used by a body to whom the 2009 Regulation does not apply, including by virtue of Article 1(4)(b) or 1(5)(b) of the 2009 Regulation (“an exempt body”).

For the purpose of Article 1(5)(b), operations having only a minor impact on the transport market because of “the short distances involved” are defined non-exhaustively as services that (except on an occasional basis) operate within a radius of ten miles from a place designated by the operator or do not exceed ten miles, measured in a straight line, from the first place at which passengers are taken up to the last place at which passengers are set down.

Regulation 2(3) makes amendments to section 19 (permits in relation to the use of public service vehicles by educational and other bodies) which are consequential upon the amendments made by regulation 2(2).

Regulation 2(4) amends section 20 (further provision with respect to permits under section 19) such that a permit granted pursuant to section 19 ceases to have effect if the body to whom it has been granted ceases to be (or is not) an exempt body.

Regulation 2(5) makes amendments to section 22 (community bus permits) which are consequential upon the amendments made by regulation 2(2).

Regulation 2(6) amends section 23 (further provision with respect to community bus permits) such that a permit granted pursuant to section 22 ceases to have effect if the body to whom it has been granted ceases to be (or is not) an exempt body.

Regulation 3 requires the Secretary of State to review regulation 2 and publish a report within five years after 1st October 2019 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether regulation 2 should remain as it is, or be revoked or be amended. Further legislation would be needed to revoke or amend regulation 2.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument onwww.legislation.gov.uk.