TAKE NOTE: Permit holders have a responsibility to ensure that their services are operated within the law, with vehicles properly maintained and using drivers with the appropriate qualifications. If permit holders are in any doubt about their obligations in operating their vehicles safely and legally, and their ongoing entitlement to operate under the permit, then they should discuss with the body that issued the permit or VOSA

There are two types of permits issued under the Transport Act 1985.

• Those issued under section 19 (permits in relation to use of vehicles by educational and other bodies)
• Those issued under section 22 (community bus permits).

Without a view to profit (not for profit)

A vehicle being used under a permit must not be used with a view to profit nor incidentally to an activity which is itself carried on for profit.

A charity would normally be considered to be a not for profit making organisation.

Payment for providing transport

The legal term for this is ‘hire or reward‘. It is any payment, in cash or kind, which gives a person the right to be carried on the vehicle, regardless of whether or not that right is exercised. Hire or reward takes place if the journey is organised in a way that goes beyond the bounds of mere social kindness.

• The payment may be made by the passenger or on the passenger’s behalf. It may be a direct payment e.g. a fare or an indirect payment such as a membership subscription. Where indirect payments are made in respect of other services (rather than specifically for the transport) they are still likely to be viewed by the courts as hire or reward because anyone who had not made the payment would have no right to be carried.

TAKE NOTE:

Requirements for Permit Holders

As a permit holder you have certain responsibilities to ensure the safe operation of your vehicles, that you are operating within the legal requirements, and that your permit continues to be valid. The key points you should ensure are that:

• your drivers are suitably trained and are correctly licensed;
• your drivers take appropriate breaks;
• your vehicles satisfy the appropriate construction and use requirements and are maintained in a safe and roadworthy condition;
• your vehicles are insured and that your insurer is aware that your vehicles are used to provide services for hire or reward under a permit;
• the vehicle is not operated with a view to profit, nor incidentally to an activity which is itself carried on with a view to profit;
• you only carry the class(es) of passengers allowed by the permit and in the case of Section 19 do not provide any transport services that could viewed to be carrying the general public;
• you inform VOSA or the designated body who issued your permit of any changes such as the change of name of your organisation, as this would mean that your permit needs to be replaced.

The vehicle‘s driver must hold the appropriate category of entitlement on their driving licence.

Any organisation operating without a view to profit, concerned with:

• Education
• Religion
• Social welfare
• Recreation (standard permits only); or
• Other activities of benefit to the community.

Applications forms for standard permits are available from:

• www.gov.uk
• The VOSA Contact Centre on 0300 123 9000;
• The central licensing office in Leeds by emailing permits@vosa.gov.uk;
• A designated body
• Local authorities

This will depend on how many vehicles you will be using at any one time. Each vehicle in use, that is carrying passengers for hire or reward, must be used under a permit and the corresponding disc must be displayed in the windscreen. For example, if you want to operate three vehicles at the same time, you must have three permits.

The responsibility of driving a permit vehicle is one which should only be undertaken after careful consideration and proper training. Driving a minibus requires additional skills in order to be able to handle the vehicle safely; it is not simply like driving a large car.

Taken from VOSA‘s document PSV385 – “Passenger transport provided under Section 19 or Section 22 permits”. The full document can be found on www.ctauk.org (you may need to register).  Full Information can be found here – https://www.gov.uk/government/publications/section-19-and-22-permits-not-for-profit-passenger-transport/section-19-and-22-permits-not-for-profit-passenger-transport