DVSA is taking a hard line on compliance with the PSVAR medium-term exemption (MTE) mechanism by operators using such special authorisations, despite a government response to a call for evidence on the review of PSVAR looking likely to be delayed by up to a year.
A directly worded letter, sent on 21 August to operators that have been granted MTEs, is credited only to the DVSA Remote Enforcement Office. It advises recipients that they must complete a PSVAR self-declaration “within 14 days,” even if they no longer run services that utilise a medium-term exemption.
DVSA may then “request further evidence to support the continued use of your MTE,” the letter advises. Additional declarations will be called for each year until MTEs end, scheduled for 31 July 2026, in line with that stepped approach to full compliance with PSVAR.
The letter warns those that do not heed its requirement for self-declaration, or which submit a false return, that measures including further investigation, referral to the Traffic Commissioner and “potential sanctions” could follow.
In August 2022, the Department for Transport (DfT) revealed that 1,208 MTEs had been issued capturing almost 18,000 vehicles. The medium-term approach was introduced after previous short-term exemptions failed to rectify issues with PSVAR compliance on in-scope home-to-school services and rail replacement.
Trade body the UK Coach Operators Association (UKCOA) has described the tone of the most recent communication as “very unfortunate,” particularly when delays surrounding publication of a government response to the PSVAR review call for evidence are considered.
That was first promised by the end of 2023, but the most recent position – as stated by previous Under-Secretary of State for Transport Guy Opperman before the general election – was that the coming autumn represented a likely indicative timeframe.
The original delay was accepted by coach industry representatives on the grounds that DfT had received more extensive submissions that expected.
Later postponements have generated less sympathy, with at least one trade body noting that the MTE backstop date in 2026 for full compliance on in-scope home-to-school services and rail replacement has not moved with the delay.
The time available to affected operators that need to take steps to comply is thus compressed by each pushback, with many understood to be holding back pending the outcome of the review and any change it may bring.
UKCOA has been advised that DfT continues to assess submissions to the call for evidence. A further set of exemptions may follow from 2026, although the trade body stresses that “nothing, as yet, has been decided or agreed” in that regard.
Managing Director Peter Bradley says that DfT officials are aware of the need to offer clarification on the future direction of PSVAR to coach operators “as soon as possible,” and that UKCOA has “a good working relationship with the DfT accessibility team.”
The Association has reminded its members that the approach to percentages of partial and full compliance in a fleet applies only to vehicles that are used on work in scope of PSVAR.
