OpenLegislation

Section 19 Permits in relation to use of public service vehicles by educational and other bodiesF25

England, Wales and Scotland

(1)

In this section and sections 20 and 21 of this Act—

  • “bus” means a vehicle which is adapted to carry more than eight passengers;

  • F1“exempt body” has the same meaning as in section 18 of this Act;

  • “large bus” means a vehicle which is adapted to carry more than sixteen passengers;

  • “small bus” means a vehicle which is adapted to carry more than eight but not more than sixteen passengers; and

  • “permit” means a permit granted F2to an exempt body under this section in relation to the use of F3a public service vehicle for carrying passengers for hire or reward.

(2)

The requirements that must be met in relation to the use of F4a public service vehicle under a permit for the exemption under F5section 18(1)(a) of this Act to apply are that F6the vehicle—

(a)

is being used by F7an exempt body to whom a permit has been granted under this section;

(b)

is not being used for the carriage of members of the general public nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit;

(c)

is being used in every respect in accordance with any conditions attached to the permit; and

(d)

is not being used in contravention of any provision of regulations made under section 21 of this Act.

(3)

A permit in relation to the use of F8a public service vehicle other than a large bus may be granted by F9an exempt body designated by an order under subsection (7) below either to itself or to any F10other exempt body to whom, in accordance with the order, it is entitled to grant a permit.

(4)

A permit in relation to the use of F11a public service vehicle other than a large bus may be granted by a traffic commissioner to F12any exempt body appearing to him to be eligible in accordance with subsection (8) below and to be carrying on F13... an activity which makes it so eligible.

(5)

A permit in relation to the use of a large bus may be granted by a traffic commissioner to F14any exempt body which assists and co-ordinates the activities of bodies F15... which appear to him to be concerned with—

(a)

education;

(b)

religion;

(c)

social welfare; or

(d)

other activities of benefit to the community.

(6)

A traffic commissioner shall not grant a permit in relation to the use of a large bus unless satisfied that there will be adequate facilities or arrangements for maintaining any bus used under the permit in a fit and serviceable condition.

C1(7)

The Secretary of State may by order designate for the purpose of this section F16exempt bodies appearing to him to be eligible in accordance with subsection (8) below and, with respect to F17any exempt body designated by it, any such order—

(a)

shall specify the F18classes of exempt body to whom the designated body may grant permits;

(b)

may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless there are attached to the permit such conditions as may be so specified; and

(c)

may require F19the designated body to make returns F20and keep records with regard to the permits granted F21, varied or revoked by it.

(8)

F22An exempt body is eligible in accordance with this subsection if it is concerned with—

(a)

education;

(b)

religion;

(c)

social welfare;

(d)

recreation; or

(e)

other activities of benefit to the community.

(9)

F23An exempt body may hold more than one permit but may not use more than one F24vehicle at any one time under the same permit.

Annotations

Textual amendments

F1

Words in s. 19(1) inserted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(a)

F2

Words in s. 19(1) inserted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(b)

F3

Words in s. 19(1) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(2), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F4

Words in s. 19(2) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(3)(a), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F5

Words in s. 19(2) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(3)(b), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F6

Words in s. 19(2) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(3)(c), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F7

Words in s. 19(2)(a) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(c)

F8

Words in s. 19(3) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(4), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F9

Words in s. 19(3) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(c)

F10

Words in s. 19(3) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(d)

F11

Words in s. 19(4) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(5), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F12

Words in s. 19(4) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(e)

F13

Words in s. 19(4) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F14

Words in s. 19(5) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(e)

F15

Words in s. 19(5) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F16

Words in s. 19(7) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(f)(i)

F17

Words in s. 19(7) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(e)

F18

Words in s. 19(7)(a) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(f)(ii)

F19

Words in s. 19(7)(c) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(f)(iii)

F20

Words in s. 19(7)(c) inserted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(6)(a), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F21

Words in s. 19(7)(c) inserted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(6)(b), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F22

Words in s. 19(8) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(g)

F23

Words in s. 19(9) substituted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(3)(g)

F24

Word in s. 19(9) substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(7), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F25

S. 19 heading substituted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 57(8), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

Modifications

C1

S. 19(7): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 19(7): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)

C2

Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)

C3

Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)