Much has been written about Section 19 and 22 permits and I am rather hesitant about devoting this column to the subject. However, I still feel there is more to be said.
The consultation – Section 19 and 22 permits: How to apply EU Regulation 1071/2009 – has now closed and the Department for Transport (DfT) will have started going through the responses and coming to a final view.
Reviewing consultation responses is not for the fainthearted. In my previous role as Head of Consultation at Transport for London, my colleagues and I ensured that the process was as robust as possible, using the guidelines and principles advised by the Consultation Institute.
Consultation is not a referendum. It is not a simple case that, for example, if 60% support a proposal and 40% are against it that you should go ahead with it. Instead, you need to carefully consider the points put forward by those who respond.
It is not wrong to modify a proposal based on the consultation responses you receive or take a step back and reconsider the outcome altogether. The important part is to be absolutely transparent in your decision-making process.
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Resolving factors
I can see how we have got ourselves into this situation, as legislation written over 30 years ago cannot always deal with present-day challenges.
I understand the concerns from coach operators about different standards that now exist and the potential threat to their business. I can also see how community transport operators, who in many cases have struggled with funding for many years, have kept a service going with very little income.
In my mind there are two key factors which need resolving. I will be disappointed if the outcome of this consultation does not at least provide some direction for these issues going forward.
Firstly, as far as I understand it, there is still no visibility over the issuing of Section 19 permits. Designated bodies that are able to issue permits are approved by the Secretary of State for Transport. They include those involved with:
- Education
- Religion
- Social welfare
- Recreation
- Other activities of benefit to the community.
However, it is not clear to me how those bodies exercise their ability to issue permits.
As far as I can see there are still no time limits or a common list of standards that should be applied. There is no central list of permits that have been issued.
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Moving forward
Surely with the technology available today this information should be online, giving visibility to the process. I don’t believe anyone has any idea how many permits have been issued since 1985, or how many are still used today.
There was a consultation a few years ago which tried to move this forward, but I guess it has been on the ‘too difficult to resolve’ pile. I would love to help given my past experience and make the offer here.
Secondly, passenger safety is paramount, and everyone involved should have that as their number one priority. Incremental change is fine so long as it moves us in the right direction and is at an acceptable pace.
I hope the DfT has these issues at the forefront of its mind when reviewing the consultation responses, even if that is not directly what the consultation was about.
We simply have to move this forward.