The UK Coach Operators Association (UKCOA) is calling for clarification on whether some accessibility requirements apply to emergency rail replacement services, arguing that conflicting guidance from regulators and industry bodies risks leaving coach operators exposed to enforcement action.
The issue was raised at the trade association’s annual conference on 23 March, during a presentation by Paul O’Bentley, of West Midlands Trains, presenting on behalf of the Rail Delivery Group (RDG) on the rollout of the Public Service Vehicles (Accessible Information) Regulations (PSVAIR).
RDG materials suggest the regulations will not apply to ‘emergency, unplanned rail replacement’, alongside accepted exemptions such as routes that have more than 15 miles between stopping points and vehicles with fewer than 17 seats. But expert commentary suggests this interpretation for emergency rail replacement may not align with enforcement reality.
UKCOA Managing Director Peter Bradley told the conference that advice from DVSA shared with UKCOA does not recognise the distinctions. That view is reinforced by James Backhouse of Backhouse Jones, who cautions operators against relying on what is an assumed exemption. “You have to be very careful relying on it,” he says. “If the service itself is a regular service, which by their nature rail services are… I would not want to run that. There is no emergency exemption in the regulations – there is mitigation, but no exemption.”
While Mr O’Bentley hinted that there may be “a little bit of testing” of the legislation, Chair of UKCOA, Tom James, warns operators against becoming test cases, reiterating the need for information to be clear.
“The concern for us and our members is the mixed messaging,” comments UKCOA Director of Operations Stephen Spendley. “We’ve got RDG that openly said in that presentation that PSVAIR does not apply to emergency work. The Department for Transport (DfT) has meanwhile issued guidance that says DVSA will not pursue enforcement action unless it is persistent non-compliance with the regulations. But then we have DVSA that has said to us there is no exemption for emergency rail replacement work, and that all vehicles operating these services need to be fully compliant. That’s by the letter of the regulation.
“The question is how DVSA interprets that on the ground, when it comes to enforcement action. We would like to think that it will follow DfT’s guidance and that unless there is persistent abuse of the regulations, no further action will be taken. But the mixed messaging is a problem. We need to know what information an operator should rely on 100% to ensure
that they are not going to fall foul of the regulations and [get] a fixed penalty, a Public Inquiry, or potentially court action.”
The debate comes as the industry already faces a compliance challenge, with RDG estimating only 1% of coaches are currently equipped to meet PSVAIR requirements, raising concerns about capacity when existing exemptions expire.
A Rail Delivery Group spokesperson says: “We want everyone to be able to travel comfortably and with dignity across the network. The rail industry continues to work with partners to support accessible travel.”
