Taxi Driver Online

JD i've had someone on Press Cuttings Monthly clinic mentioning sect 19 and how its being abused for school contracts. so was wondering if you would kindly post section 19 on here for me to read up on.

Cabby999 says now that sect 76 is sorted Doncaster is now using sect 19 as away of using unlicensed transport for school runs.....!

heres the link to the post:

http://www.Press Cuttings Monthly.com/TaxiForums/Li ... fault.aspx

Cheers

Section 19 of the 1985 transport act? Bus Legislation?

Permits for non profit making organisations?

The group undertaking the contract will have to abide by the law and that means they can't operate a commercial contract. He seems familiar with section 19 so what exactly does he expect me to offer him?

The law is explanatory so if this community outfit is operating their dial a ride buses in a way they shouldn't then he should inform the traffic commisioner. He should read the following but I wouldn't mind betting he is already aware of some of it? I'm wondering just exactly what these 20 contracts are that he mentions?

Regards

JD
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Providing Services to Isolated Communities

1.Current advice in the guidance booklet 'Passenger Transport Provided by Voluntary Groups under the Section 19 or 22 Permit System' (PSV 385) is that section 19 services can only be used to provide transport to the people whom the organisation serves - i.e. they must come within the classes of passenger that are specified on the permit. For example, a vehicle operated by a Scout Group could only carry Scouts or persons associated with them (e.g. parents or helpers). The vehicle could not carry those who had no association with the Scouting activity (the general public).

2.However, DfT lawyers have advised that a section 19 service could serve, for example, the residents of a village or other isolated community (i.e. those in a defined geographical area) who did not have access to their own private transport - without violating the 'general public' provision at section 19(2)(b) of the 1985 Act. The fact that they must satisfy two restrictive conditions (being resident in a specific place or places and not having access to private transport) would exclude them from the definition of 'general public' as outlined above.

3.This would allow, for example, a local authority to fund a transport club for those in specified communities who, as a condition of membership, did not have access to private transport. It would of course be for the permit holding body to make adequate arrangements to ensure that the membership properly met the criteria - perhaps via a signed application. A person would meet the criteria, say, if he or she did not own a car or have frequent and convenient access to one. Someone who just happened not to have the use of a vehicle on a particular day would very likely not meet the criteria but some element of discretion would be permissible - in the event of an emergency, say.

4.Such a service would be possible using a Class B or E permit, as defined in Regulation 5 of the Minibus and Other Section 19 Permit Buses Regulations 1987 (SI 1987/1230). A copy can be found here: www.legislation.hmso.gov.uk/si/si1987/U ... 0_en_1.htm
Commercial Sponsorship

5.Also under section 19(2)(b) of the 1985 Act, a permit bus cannot be used 'with a view to profit nor incidentally to an activity which is itself carried on with a view to profit'. In 1994 we advised that a vehicle carrying commercial advertising would not meet the requirements of section 19(2)(b). However, sponsorship deals are common these days and lawyers have now clarified that it is the relationship between the permit bus operation and the sponsor that must be taken into account when deciding whether the requirements of section 19(2)(b) are met.

6.The purpose of section 19 as a whole is to enable certain types of non-commercial service to be operated without the need for an operator's licence. Subsection (5) is inserted to prevent its circumvention by people in effect operating a service for their own in direct benefit. Thus, a section 19 service supported by, say, a supermarket, could not provide a service to the store because, to précis the Act, the use of the bus would be incidental to a profit-seeking activity. However, other types of sponsorship unconnected with the operation of the vehicle may not violate section 19(2)(b). Examples would be a vehicle supplier or manufacturer donating vehicles in return for the operator carrying their sponsorship details on the vehicle, or a vehicle carrying general advertising (e.g. of commercial products) unconnected with its operation. In both cases, the operation of the permit vehicle is independent of the sponsors or advertisers, who only gain a fringe benefit from the display of their name or advertising message.

7.For further clarification, please note that the rules on section 22 permits contain no restrictions on the use of commercial sponsorship or advertising.

Department for Transport
March 2003

http://www.opsi.gov.uk/si/si1987/Uksi_19871230_en_1.htm
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1985 CHAPTER 67

PART I GENERAL PROVISIONS RELATING TO ROAD PASSENGER TRANSPORT
Modification of PSV requirements in relation to vehicles used for certain purposes
Royal Assent [30 October 1985]

Transport Act 1985, Ch. 67, s. 19 (Eng.)

19 Permits in relation to use of buses by educational and other bodies

(1) In this section and sections 20 and 21 of this Act--

"bus" means a vehicle which is adapted to carry more than eight passengers;

"large bus" means a vehicle which is adapted to carry more than sixteen passengers;

"small bus" means a vehicle which is adapted to carry more than eight but not more than sixteen passengers; and

"permit" means a permit granted under this section in relation to the use of a bus for carrying passengers for hire or reward.

(2) The requirements that must be met in relation to the use of a bus under a permit for the exemption under section 18(a) of this Act to apply are that the bus--

(a) is being used by a body to whom a permit has been granted under this section;

(b) is not being used for the carriage of members of the general public nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit;

(c) is being used in every respect in accordance with any conditions attached to the permit; and

(d) is not being used in contravention of any provision of regulations made under section 21 of this Act.

(3) A permit in relation to the use of a small busmay be granted by a body designated by an order under subsection (7) below either to itself or to any other body to whom, in accordance with the order, it is entitled to grant a permit.

(4) A permit in relation to the use of a small bus may be granted by a traffic commissioner to any body appearing to him to be eligible in accordance with subsection 8 below and to be carrying on in his area an activity which makes it so eligible.

(5) A permit in relation to the use of a large bus may be granted by a traffic commissioner to any body which assists and co-ordinates the activities of bodies within his area which appear to him to be concerned with--

(a) education;

(b) religion;

(c) social welfare; or

(d) other activities of benefit to the community.

(6) A traffic commissioner shall not grant a permit in relation to the use of a large bus unless satisfied that there will be adequate facilities or arrangements for maintaining any bus used under the permit in a fit and serviceable condition.

(7) The Secretary of State may by order designate for the purpose of this section bodies appearing to him to be eligible in accordance with subsection 8 below and, with respect to any body designated by it, any such order--

(a) shall specify the classes of body to whom the designated body may grant permits;

(b) may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unlessthere are attached to the permit such conditions as may be so specified; and

(c) may require the body to make returns with regard to the permits granted by it.

8 A body is eligible in accordance with this subsection if it is concerned with--

(a) education;

(b) religion;

(c) social welfare;

(d) recreation; or

(e) other activities of benefit to the community.

(9) A body may hold more than one permit but may not use more than one bus at any one time under the same permit.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 140(2).

Appointment

Appointment: 13 August 1987: see SI 1987/1228, art 2(1).

Transfer of Functions

Functions under this section: functions under sub-s (7) are transferred, in so far as they are exercisable in or as regards Scotland, to the Scottish Ministers, by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999, SI 1999/1750, art 2, Sch 1.

See further in relation the transfer of functions under this section to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Sch 1.

Subordinate Legislation

Section 19 Minibus (Designated Bodies) Order 1987, SI 1987/1229 (made under sub-s (7)).

Section 19 Minibus (Designated Bodies) (Amendment) Order 1990, SI 1990/1708 (made under sub-s (7)).

Section 19 Minibus (Designated Bodies) (Amendment) Order 1995, SI 1995/1540 (made under sub-s (7)).

Section 19 Minibus (Designated Bodies) (Amendment) Order 1997, SI 1997/535 (made under sub-s (7)).
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TRANSPORT ACT 1985

1985 CHAPTER 67

PART I GENERAL PROVISIONS RELATING TO ROAD PASSENGER TRANSPORT

Modification of PSV requirements in relation to vehicles used for certain purposes

Royal Assent [30 October 1985]

Transport Act 1985, Ch. 67, s. 20 (Eng.)

20 Further provision with respect to permits under section 19

(1) Subject to subsection (2) below, a permit shall specify the body to whom it is granted.

(2) A permit may be granted to a named individual on behalf of a body if, having regard to the nature of that body, it appears to the traffic commissioner or body granting the permit appropriate to do so.

(3) Where a permit is granted to a named individual on behalf of a body, it shall be treated for the purposes of this section and section 19 of this Act as granted to that body.

(4) In addition to any conditions attached to such a permit by virtue of section 19(7)(b) of this Act, the traffic commissioner or other body granting such a permit may attach to it such conditions as he or that body considers appropriate, including, in particular, conditions--

(a) limiting the passengers who may be carried in any bus used under the permit to persons falling within such classes as may be specified in the permit; and

(b) with respect to such other matters as may be prescribed.

(5) Subject to subsection (6) below, a permit may be varied or revoked--

(a) by the traffic commissioner or body who granted it; and

(b) in the case of a permit granted by a body designated under section 19(7) of this Act, after consultation with that body, by the traffic commissioner for any traffic area in which any bus has been used under the permit.

(6) A permit may not be varied so as to substitute another body for the body to whom it was granted.

(7) A permit shall remain in force until--

(a) it is revoked under subsection (5) above; or

(b) in the case of a permit granted by a body designated under section 19(7) of this Act, that body ceases to be so designated.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 140(2).

Appointment

Appointment: 13 August 1987: see SI 1987/1228, art 2(1).
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TRANSPORT ACT 1985
1985 CHAPTER 67

PART I GENERAL PROVISIONS RELATING TO ROAD PASSENGER TRANSPORT

Modification of PSV requirements in relation to vehicles used for certain purposes

Royal Assent [30 October 1985]

Transport Act 1985, Ch. 67, s. 21 (Eng.)

21 Permits under section 19: regulations

(1) Regulations may prescribe--

(a) the conditions to be fulfilled by any person driving a bus while it is being used under a permit;

(b) the conditions as to fitness which are to be fulfilled by any small bus used under a permit;

(c) the form of permits; and

(d) the documents, plates and marks to be carried by any bus while it is being used under a permit and the manner and position in which they are to be carried.

(2) Where regulations are made by virtue of subsection (1)(b) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any small bus subject to the regulations.

(3) Regulations under this section may contain such transitional provisions as the Secretary of State thinks fit.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 140(2).

Appointment

Appointment: 13 August 1987: see SI 1987/1228, art 2(1).

Subordinate Legislation

Minibus and Other Section 19 Permit Buses Regulations 1987, SI 1987/1230 (made under sub-s (1)).

Minibus and Other Section 19 Permit Buses (Amendment) Regulations 1996, SI 1996/3088 (made under sub-s (1)).

Minibus and Other Section 19 Permit Buses (Amendment) Regulations 1997, SI 1997/2916 (made under sub-s (1)).
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sent you a pm JD which makes this very intriguing when you know of his background.....
sent you his email addy and if you need them i've his phone numbers aswell....?