After reading about the outcome of the JR proceedings brought about by the Bus and Coach Association (BCA), I need to put the record straight.
BCA agreed to the principles put forward by DfT. The interested parties were opposed to them.
The important thing is whether the community transport organization (CTO) is providing only essential services, or whether it is acting like a bus company.
The level of payment received is easy to calculate. It is charity trading against contract income. That will not affect the genuine CTOs, but it will affect the larger ones, of which there are too many to mention.
The wording of ‘commercial’ is the major factor. If a company is acting in a way that is commercial, it requires an O-Licence. The requirement for correct licensing also applies to drivers. That is why advice has been given to CTOs not to jump on the short distance exemption.
We await guidance from DfT. In the meantime, a letter to DVSA is being processed by BCA asking it to take action against the 105 CTOs that we have identified as acting in a commercial manner.
I also advise local authorities that they should contact CTOs that are operating contracts on their behalf and clarify that drivers hold the correct licence and DCPC qualifications. As I understand, if a CTO is operating funded community transport services and collects payment then it is exempt from O-Licensing. If the drivers being used are paid then they require an unrestricted category D1 licence. Even a volunteer needs a DCPC.
At no point has the safety of passengers and other road users been addressed during this debate. Other parties may argue that there is no evidence of it being put in jeopardy. But there are no records of permits in issue. Do we have to accept another M40 crash?
