Applications have opened for medium-term exemptions to PSVAR on rail replacement and in-scope home-to-school services. They will come into force on 1 July and expire on 31 July 2026 and replace all existing short-term special authorisations.
In a policy document on the medium-term approach, the Department for Transport (DfT) says that previous short-term exemptions “have not stimulated a sufficient increase in the number of compliant vehicles” in either market. It adds that the medium-term strategy will:
- Encourage compliance with PSVAR
- Ensure that home-to-school and rail replacement services can continue
- Reduce uncertainty for operators and commissioners of the services in question
- Avoid small operators “going out of business”.
In accordance with an earlier statement on medium-term exemptions, grant of such an exemption will require the operator concerned to progressively increase the compliance rate among its vehicles that are available for in-scope services. All must be what DfT describes as “either fully or partially compliant with PSVAR” by 1 August 2025.
Partially compliant refers to a vehicle that satisfies the Regulations in relation to the floor and gangway, seats, steps in most regards and handrails. Facilities for wheelchair users – Schedule 1 of PSVAR – are not required for the vehicle to be considered partially compliant and nor is destination display equipment.
Year-on-year progress central to medium-term PSVAR exemptions
The transitionary period will be marked by steps that align with academic years. Defined compliance percentages for the available fleet that increase year-on-year must be met for the medium-term exemption to remain valid for the next step.
Medium-term exemptions will require the operator’s fleet to be entirely either fully- or partially compliant by 1 August 2025. They will remain in place through the 2025/26 academic year “to provide sufficient time to implement any potential changes flowing from a planned review of PSVAR.”
From 1 August 2026, vehicles used on in-scope services will be expected to comply with the Regulations in full, subject to any changes resulting from that review.
‘Bands’ based on fleet size define expected compliance rates
DfT has established ‘bands’ based on the size of an operator’s in-scope fleet to define compliance requirements. Medium-term exemptions will be applied for based on the band into which the applicant falls.
The banding will give smaller operators more time to reach stipulated levels of full or partial compliance. Larger operators will be required to achieve a proportionally higher level of full compliance and to do so more quickly. Bands and in-scope fleet sizes with them are:
- A: 1-5
- B: 6-9
- C: 10-29
- D: 30 or more.
Under the medium-term exemptions, all vehicles will be regarded as exempt between 1 July 2022 and 31 July 2023.
In Band A, compliance requirements beyond that date will be for at least 25% of the in-scope fleet to be partially compliant as a minimum by 1 August 2023; at least 50% of the fleet to be partially compliant as a minimum by 1 August 2024; and for one vehicle to be fully compliant, and the remainder to be at least partially compliant by 1 August 2025.
In Band B, at least 25% of the in-scope fleet must be at least partially compliant by 1 August 2023; by 1 August 2024 at least one vehicle must be fully compliant and at least 50% must be partially compliant as a minimum; and by 1 August 2025, at least two vehicles must be fully compliant, and the remainder of the fleet must be as a minimum partially compliant.
For Band C, at least 25% of the in-scope fleet must be at least partially compliant by 1 August 2023. By 1 August 2024, at least 15% of the fleet must be fully compliant and at least 50% of the fleet must be partially compliant as a minimum. By 1 August 2025, at least 25% of the fleet must be fully compliant with the remainder partially compliant as a minimum.
In Band D, by 1 August 2023 at least 15% of the in-scope fleet must be fully compliant with PSVAR and at least 25% must be partially compliant as a minimum. By 1 August 2024, at least 25% must be fully compliant and at least 50% must be partially compliant. By 1 August 2025, at least 35% of the fleet must be fully compliant and the remainder must be partially compliant at least.
“Fully compliant” means that the vehicle meets both Schedule 1 and Schedule 3 of PSVAR, i.e., it includes facilities for wheelchair users.
In all the above bands, vehicles used on neither home-to-school nor rail replacement should not be included in calculations. However, if an operator’s in-scope fleet size changes during the period of the medium-term exemptions it will be regarded as having moved bands and henceforth be subject to the requirements of the new band. Band change should be report to DfT by email with five working days.
Medium-term PSVAR exemptions ‘allow services to continue’
Application for medium-term PSVAR exemptions can made online. Vehicle identification numbers are among the data required. Where the exemption involves rail replacement services, the deadline is 17 May. Where is only covers home-to-school, it is 31 May. Only one application is required per operator. A copy of the exemption must be carried when the vehicle is used on in-scope services.
DfT’s policy document notes that if medium-term exemptions from PSVAR were not issued, “the majority” of home-to-school and rail replacement services would not run beyond the current period of special exemptions.
“It is possible that [short-term exemption] policy, due to its inherently short-term focus, has given some in-scope operators the impression that the government’s approach to dealing with PSVAR non-compliance is undecided,” the document continues.
“Subsequently, this may have induced complacency in operator attitude towards increasing compliance with PSVAR, contributing to the lack of progress from a compliant vehicle perspective.”
DfT says that DVSA will enforce the medium-term exemption terms throughout the period. The current suspension of enforcement of PSVAR will be lifted once those exemptions come into force, with action taken in cases of non-compliance potentially involving a report to the Traffic Commissioner.
“DVSA [has] assured DfT that [it has] the appropriate resourcing to handle a staggered, progressive approach to increasing compliance,” DfT adds. “This will provide a deterrence effect and encourage operators to obey the terms of their medium-term exemption.”
