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Transport Act 1985

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It is acceptable for buses to arrive early at their final destination, but the traffic commissioners do not expect to find undue recovery time inserted in the timetable towards the end of a journey. If there is any suggestion that a request to surrender the licence under section 15 of the 1981 Act is being used as a means of avoiding the registered timetable then this must be referred to a traffic commissioner for consideration of action under section 17 of the 1981 Act. 2.3 Frequent services Where seat belts are fitted they must be worn by passengers aged 14 years and above. There is an exemption in vehicles with seat belts being used to provide a local bus service on ‘restricted’ roads (effectively 30mph roads only), or vehicles designed to carry standing passengers and in which standing passengers are specifically allowed. In all other circumstances seat belts must be worn unless the passenger has a medical exemption. Coaches and minibuses first used prior to 1 October 2001 which are used to carry children aged 3 to 15 years on organised trips must provide each child with (as a minimum) a lap belt on a forward facing seat. Public transport type buses (ie those designed for urban routes carrying standing passengers) are not required to have seat belts fitted.

The following examples demonstrate some of the considerations involved in meeting the criteria for the ‘main occupation’ exemption, example: Existing permit holders must satisfy themselves that they fall within the non-commercial exemption and must be able to provide sufficient evidence to the permit issuer if required. The permit holder must consider whether or not each and every one of its services fits within their non-commercial purposes. The Transport Act 1985 was an Act of Parliament in the United Kingdom. It introduced privatised and deregulated bus services throughout Great Britain and came into effect in October 1986. Your organisation may be eligible for a Bus Service Operator’s Grant ( BSOG), which is claimed from the Department for Transport. You may be eligible if your organisation holds a section 22 permit, as you’ll be operating a registered local bus service.Permits for large buses can only be issued by the traffic commissioner to a body which assists and co-ordinates the activities of bodies concerned with: Transport services operated under a section 19 permit may be eligible if the services provided are used wholly or mainly by: where the operator and/or local authority has failed to co-operate with the relevant enforcement agency investigation;

Section 22 permits are issued to bodies concerned for the social and welfare needs of one or more communities. They operate vehicles without a view to profit and use those vehicles to provide a community bus service. Unlike section 19 permit vehicles, community bus services are ‘local bus services’ and can carry the general public. Local bus services are defined as services using public service vehicles for the carriage of passengers by road at separate fares on which passengers may travel for less than 15 miles. Children under 12 in the front seats (parallel with the driver) must use a seatbelt or the correct child seat for their weight. If there is no evidence to suggest that the sample is not representative then the traffic commissioner is entitled to assume that it is. On the other hand if there is evidence, that tends to suggest that the monitoring exercise may not reflect the general level of performance on all of the operator’s services, the traffic commissioner must assess it. If that assessment leads to the conclusion that the overall level of compliance differs from the level found by the monitoring exercise then the traffic commissioner must take this into account when deciding into which penalty range the case falls and where in the range it comes.traffic commissioners should set out fully reasoned decisions as to why a penalty has been imposed. The fact that an operator may make a surplus does not, in and of itself, prevent the operator from falling within the scope of the non-commercial purposes exemption. However, if any surplus is made, permit holders must retain evidence about when and how that surplus has or will be reinvested into their organisation. Competitive procurement or tendering for contracts In this context ‘occasional’ means the frequency with which services in excess of the automatic short distance occur, rather than that the service does not have fixed stopping places. Staff are encouraged to ensure that they do not adopt an overly prescriptive approach regarding service amendment notices. For example, where failings are identified it may be helpful for staff to recommend to the traffic commissioner to grant short notice of an application or variation designed to achieve compliance. 2.6 Complaints

Vehicles adapted to carry 9 to 12 seated passengers are Class IV vehicles and may be tested at those MOT testing stations which are authorised to test such vehicles.An organisation’s main occupation cannot be simply inferred by reference to their constitutional documents, though these may be relevant alongside other evidence. If an operator satisfies the exclusively non-commercial exemption, they do not need to satisfy any of the EU Regulation’s other exemptions.

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