Enforcement of EU Regulation cannot be deferred, says High Court

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Differing opinions have greeted a High Court decision not to declare that principles agreed by the Bus and Coach Association (BCA) and DfT about circumstances under which community transport organisations would need to hold an O-License are correct in law.

However, the court did conclude that there is no validity to DfT’s argument that a lack of certainty or clarity surrounds the test for determining whether an organisation is operating exclusively for non-commercial purposes. Because of that, it will no longer be possible for enforcement of EC Regulation 1071/2009 to be deferred. The agreed principles are . . .

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