Will there ever be an end to the saga surrounding enforcement of the law concerning section 19 and section 22 permits? Finally, it seems that the answer to that may be yes.
On one side of the argument are commercial operators. They allege that permit abuse is rife and that drivers without the correct entitlement are carrying out hire-and-reward work with no O-Licence in sight. There can be no doubt that such activity takes place.
In the other corner are organisations that use permits. They claim that government funding cuts have left them with no other source of income than the competitive tendering market, and that not-for-profit operation should be interpreted in the same way as non-commercial.
Who is in the middle? The government. And despite numerous efforts from the commercial side to nudge, cajole and finally force it into action, it has shown no desire to do so. Until now. There is a glimmer of hope, at last.
But since publication of the letter in which former Head of Buses and Taxis Division Stephen Fidler stated that contracts won in a contestable market cannot be regarded as non-commercial, a minister gave direction that they should continue to be awarded to bodies using permits and that no enforcement action should be taken against those organisations. Where is the consistency?
It’s no wonder that despite engagement from the DfT, the group of commercial operators still does not rule out applying for a Judicial Review to force the Department’s hand.
This is an issue that has affected businesses. The lack of clarity has also disturbed organisations that hold permits, and the passengers that rely on their services. Doing nothing and hoping that it goes away is not an option – something that, finally, the DfT may have come to accept.
