A Judicial Review (JR) into matters related to the use of Section 19 and Section 22 permits will be held on 19 and 20 November.
The Judicial Review follows campaigning by the Bus and Coach Association (BCA). It claims that the operation by permit holders of contracts won in a contestable market, and the use of paid drivers, does not comply with the non-commercial exemptions within EU Regulation 1071/2009, which governs O-Licensing.
Judicial Review: Supporters called
BCA leader Martin Allen has requested the industry’s support at the two-day hearing. It will take place at the Royal Courts of Justice in the Strand between 1000-1630hrs. Its decision is expected in writing afterwards.
The JR is concerned with the interpretation of what is commercial and non-commercial, and clarifying the Driver CPC and driving licence requirements when payment other than out-of-pocket expenses is received.
BCA has long argued that if money changes hands for the operation of a contracted service then it is commercial, regardless of whether a profit is made.
Some parties on the opposing side take the view that the commercial aspect is only satisfied if profit is generated. When it is not, they say, the non-commercial exemption applies. Legal opinions have been obtained that support both viewpoints.
The government has sought to amend the domestic legislation relating to permits to “provide greater legal certainty as to how it fits” with the Regulation following a consultation held in 2018. It has refused to be drawn on the non-commercial aspect until the JR is concluded.
‘No to two tiers’
“The industry cannot have a two-tier system where some operators have an O-Licence and others do not while they are doing and supplying the same transport provision under contract,” says Mr Allen.
“It has taken us eight years to reach this point and I thank both members and non-members of BCA who have given their support.”
