Explanatory note

These Regulations revoke and replace the Community Bus Regulations 1986. They apply to any vehicle used under a community bus permit (granted under section 22 of the Transport Act 1985 (“the 1985 Act”)) and to the drivers of such vehicles. The term community bus service is defined in section 22(1) of the 1985 Act as a local service (as defined in section 2 of that Act) provided by a body which is concerned for the social and welfare needs of one or more communities. Such services must be provided without a view to profit.

Provisions in the Local Transport Act 2008 relaxed the restrictions which apply to the provision of community bus services in two particular respects. First, the restriction on the use of vehicles adapted to carry more than sixteen passengers was removed so that services can be provided under a community bus permit using either a small bus (a vehicle adapted to carry more than eight but not more than sixteen passengers) or a large bus (a vehicle adapted to carry more than sixteen passengers). Secondly, the prohibition on certain drivers of such vehicles from being paid was removed.

Regulations 3 and 4 prescribe the conditions which must be met by the drivers of small buses and large buses when used under a permit.

Regulation 5 prescribes the conditions of fitness to be satisfied by a small bus used under a permit. No such conditions of fitness are prescribed for a large bus. A large bus must therefore satisfy the requirements of section 6 of the Public Passenger Vehicles Act 1981 (certificates of initial fitness).

Regulation 6 empowers a traffic commissioner to attach conditions to permits restricting the use of any large bus, or large bus of a specified description, under a permit.

Regulation 7 prescribes the procedure for permits to be returned to a traffic commissioner so that either traffic regulation conditions, or conditions imposed by virtue of regulation 6, can be attached to the permit.

Regulation 8 prescribes the fee to be paid for the grant of a permit, which is £55. The fee was last increased on 1st August 2008. No fee is charged for the provision of either a replacement or new permit where a permit or disc is lost or destroyed.

Regulation 9 prescribes the information which a permit must contain. Amendments to the 1985 Act made by the Local Transport Act 2008 empower the Secretary of State to limit the validity of community bus permits to a period not exceeding five years. Regulation 9(1) provides for all permits granted on or after 6th April 2009 to be so limited.

Regulation 10 specifies that a corresponding disc, with an identical serial number, must be issued with every permit. Such a disc must be displayed in the vehicle which is being used under the corresponding permit, and contain the information prescribed in this regulation.

Regulations 11 to 13 prescribe the procedure to be followed when a permit or disc is lost or destroyed, or when a permit needs to be returned to the traffic commissioner. When a permit or disc granted or issued before 6th April 2009 is lost or destroyed, the permit is to be revoked and any new permit will be valid only for a period not exceeding five years.

Regulation 14 revokes The Community Bus Regulations 1986, together with three amending instruments. These instruments are listed in the Schedule to these Regulations.

An impact assessment has been prepared and copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. The assessment is annexed to the Explanatory Memorandum which can be found alongside the instrument on the Office of Public Sector Information website (www.opsi.gov.uk).