DfT proposes to limit S19 and S22 eligibility

The Department for Transport (DfT) has published its long-awaited consultation on the future of Section 19 and Section 22 permits.

Principal among its proposals is an amendment to the Transport Act 1985 clarifying that permits may be issued only to organisations meeting one or more of the exemptions to EC Regulation 1071/2009.

They apply to organisations that operate exclusively non-commercially; that have a main occupation other than that of a transport operator; or that are engaged exclusively in national transport operations having only a minor impact because of short distances.

The DfT says that it lacks flexibility to add exemptions, or to establish “special rules.” It also proposes to update relevant guidance.

Clarified is the definition of ‘commercial’. To qualify for the non-commercial exemption, all of the services provided must meet at least one of a number of criteria that are outlined in detail.

Also noted is that providing a service that would otherwise not run should not be considered commercial, whether or not money changes hands.

The consultation claims that the DfT only became aware that its view that all permit holders were exempt from the Regulation after the Bus and Coach Association’s legal challenge.

The closing date for responses is 4 May.

Read the consultation at: bit.ly/2GWR7lD