Public Service Vehicle Operator Licensing

Saving lives, safer roads, cutting crime, protecting the environmen

Public Service Vehicle

Operator Licensing

Guide for Operators

GUIDE

PSV 437 Revised Nov 2011

Public Service Vehicle

Operator Licensing

Guide for Operators

The main purpose of Public Service Vehicle (PSV) Operator Licensing is to ensure the safe and

proper use PSVs. The operator licensing system in Great Britain is regulated by independent trafc

commissioners, who are appointed by the Secretary of State.

This guide and the application forms for operator licensing and bus registration are available through

www.dft.vosa.gov.uk, as is the publication Notices and Proceedings. The website www.businesslink.

gov.uk/transport provides useful information for transport operators, local authorities, partner

organisations, hire companies and the general public.

Disclaimer

This publication gives general guidance only and should not be regarded as a complete or authoritative

statement of the law and does not provide legal advice.

If you wish to check the legal position you should refer to the main legislation listed in Annex 13 and, if

necessary seek your own legal advice.

Please note that Northern Ireland and the Isle of Man are covered by a separate licensing system and

are not dealt with here.

If you need more information, please contact the VOSA contact centre on 0300 123 9000. All forms

referred to in this guide are available from www.dft.gov.uk/vosa.

PSV 437 Revised Nov 2011

Contents

Introduction

Section1 - Do I need a licence?

Who needs a PSV Operator’s licence?

Denitions

Types of licence

Section 2 – Application process

Applying for a licence

Requirements to obtain a licence

Vehicle requirements

Objections

Public Inquiries

Refusal of applications

Section 3 – How to keep your licence

If your application is granted

Types of service you can run with a PSV licence

Hiring from other operators

Making changes to your licence

Additional requirements

What if I get it wrong?

Where to get further information

Annexes

1. Using a stretched limousine on an operator’s licence

2. Use of small vehicles under a PSV operator’s licence

3. Special restricted PSV operator licences

4. Not-for-prot transport

5. Transport managers

6. Relevant convictions and penalties

7. Financial requirements

8. Maintenance arrangements

9. Monitoring procedures and arrangements

10. Running a local bus service

11. Community Licences Authorisations

12. VOSA Examiners (authorisation and powers)

13. Legislation and other useful information

14. Useful contacts

INTRODUCTION

Introduction

This guide has been produced to explain how

the licensing system works for operators of

public service vehicles (PSVs). Written with

the support of the trafc commissioners and

industry associations, the guide is intended

to help both new and existing operators

understand the requirements of the operator

licensing system. This will help to ensure that

all PSVs are used safely and legally.

It explains how the operator licensing system

works for PSVs. It is produced it to give

general guidance and is therefore not a legal

document. For details of the law please refer

to the Acts and regulations listed in Annex 13.

This guide contains detailed descriptions and

denitions of all the systems and procedures

you will need to follow to become a safe and

legal PSV operator. It has been set out in

order of the application process with additional

information being referred to in the annexes at

the back.

If you are a new operator, you will nd this

guide useful for advice on the operator

licensing procedures and the legal

requirements and undertakings you will be

required to meet. If you are an experienced

and established operator, it will help you

to refresh your understanding of operator

licensing and update your knowledge on the

recent changes in legislation and best practice.

This guide is concerned with PSV operator

licensing only.

Take note: Neither VOSA nor

the Department for Transport can

provide legal advice to operators.

If you are unsure whether you

are compliant with the law you should seek

independent legal advice.

Purpose of Operator Licensing

The main purpose of public service vehicle

operator licensing is to ensure the safe and

proper use of PSVs. The licensing provisions

can be found in the Public Passenger Vehicles

Act 1981, The Transport Act 1985, The

Public Service Vehicles (Operators’ Licences)

Regulations 1995,The Road Transport

Operator Regulations 2011.

All applications for operators’ licences are

made to the trafc commissioner and are

processed through the Central Licensing

Ofce. However, the country is divided into

eight different trafc areas, each with its own

trafc commissioner who can make the nal

decisions on applications. Details of the trafc

area boundaries and how to contact your

trafc area can be found at Annex 14.

Role of Trafc Commissioners

and the Ofce of the Trafc

Commissioners

The operator licensing system in Great Britain

is divided into eight trafc areas. A trafc

commissioner is responsible for issuing these

licences in each trafc area. They will consider

and grant a licence on the basis of the

undertakings given by the applicant and they

are entitled to expect the operator to comply

with those undertakings during the life of the

licence. Trafc commissioners are appointed

by the Secretary of State for Transport and

are independent from VOSA and other

enforcement authorities.

In Great Britain, the trafc commissioners

are regulators of the road transport industry.

Their function is to ensure that only safe and

reliable operators of goods and passenger

vehicles are permitted to be licensed. Trafc

commissioners may take regulatory action

against an operator - where they may revoke,

suspend or curtail an operator’s licence.

Role of VOSA

The Vehicle and Operator Services Agency is

committed to making our roads safer, cutting

crime and protecting the environment by

ensuring that operators of heavy goods and

passenger vehicles are compliant with legislation

relating to matters including driver licensing,

drivers’ hours, roadworthiness, operator

licensing and the safe loading of vehicles.

(Please refer to annex 12 for more information

on VOSA Examiners).

VOSA also hold the National Register on

behalf of the UK Government. This register

includes certain operator licensing and

transport manager data that is required by EU

Regulations to be held centrally. The National

from the various authorities who control the

operator licensing system in Great Britain,

Northern Ireland and Gibraltar.

Central Licensing Ofce

Applications are made to the trafc

commissioner and will be processed at:

* Central Licensing Ofce

Hillcrest House

386 Harehills Lane

Leeds, LS9 6NF

) 0300 123 9000

7 [email protected].uk

Role of the Department for Transport

and the EU

The Secretary of State for Transport is

responsible for the overall policy and general

direction of the operator licensing regime. This

includes the legal requirements of operator

licensing and the roles and responsibilities of

the trafc commissioners and VOSA.

The Secretary of State is also responsible

to Parliament for the negotiation and

implementation of the European law on

operator licensing.

Other guides available to you

VOSA has produced a series of free,

complementary guides that will ensure you

have the knowledge and information to run a

safe and legal business. These are listed in

Annex 13.

If you need further help with applying for

a licence or with any other aspect of the

operator licensing system, our staff are

here to help – just phone the VOSA Contact

Centre on 0300 123 9000.

INTRODUCTION

SECTION ONE: DO I NEED A LICENCE?

Section one: Do I need a licence?

1. Who needs a PSV

operator’s licence?

You will need a PSV operator’s licence if your

vehicle is designed or adapted to carry nine

or more passengers and payment is taken

for carrying passengers (this is called ‘hire or

reward’). This includes stretched limousines,

further details about which are contained in

Annex 1.

If you operate smaller vehicles for hire or

reward you will usually be licensed by a local

authority under a private hire or taxi regime.

However, there are certain circumstances

where these vehicles must be licensed as a

PSV. (These are described below.)

There is an exception for not-for-prot

organisations who provide transport. These

organisations may be eligible for a section 19

or section 22 permit. Please refer to Annex

4 for further information and the guidebook

PSV 385 Passenger transport provided under

Section 19 or Section 22 permits, available

from the website www.businesslink.gov.uk/

transport

Take note: It is an offence to

operate a PSV without a valid

licence. You could be liable for

prosecution and your vehicle

could be impounded.

2. Denitions

Hire or reward

Hire or reward is any payment in cash or kind

which gives a person the right to be carried,

regardless of whether or not that right is

exercised. It is also regardless of whether or

not a prot is made.

The payment may be made to the operator,

the driver or any agent or representative acting

on behalf of the operator.

The payment may be made by the passenger,

or on the passenger’s behalf. It may be (a) a

direct payment (e.g. a fare) or (b) an indirect

payment (this could be an exchange for

services such as a membership subscription

to a club, payment for a bed in a hotel, school

fees or payment for concert tickets where

travel is included; the payment does not have

to be money and the right to travel does not

need to be taken up).

Take note: The courts may

view indirect payments as hire

or reward.

Operating centre

This is the place or centre where your

vehicle(s) are normally kept. You should have

adequate off-street parking for all the vehicles

you intend to keep at your operating centre.

You should also ensure that there is planning

permission allowing you to use the site as an

operating centre.

The Operator

The operator is deemed to be the driver if he/

she owns the vehicle and, in any other case,

the person for whom the driver works (whether

under a contract of employment or any other

description of contract personally to do work).

Where a vehicle is the subject of an

agreement for hire, hire-purchase, conditional

sale or loan, the owner is the person in

possession of the vehicle under that agreement.

Separate fares

Separate fares mean an individual payment

by each passenger to the driver, conductor

or agent of the operator for the journey

undertaken. Payment may be made on the

vehicle or in advance of the journey at a sales

point (ticket machine, newsagents, vehicle

station or ofce). Payment may also be by

indirect means (in respect of other services such

as concert tickets where travel is included).

Separate fares are not involved where the

vehicle is hired as a whole and individual

passengers make no contribution.

Dening what a public service

vehicle is

Minibuses and larger vehicles

If the vehicle is designed or adapted to carry

nine or more passengers and does so for hire

or reward it is a public service vehicle. This

includes many stretched limousines, further

details about which are contained in Annex 1.

Small vehicles

If your vehicle has eight or fewer passenger

seats and you wish to carry passengers at

separate fares in the course of a business of

carrying passengers you may need a PSV

operator’s licence. In addition to being used to

carry passengers at separate fares there are

further conditions that must also be met and

these are set out in Annex 2.

Should you want to operate only one or two

small vehicles you may apply for a restricted

PSV operator’s licence which is easier to get

than a standard licence. (See page 7). You will

still need to meet the conditions as set out in

Annex 2.

However, if you have a taxi licence, a private

hire vehicle (PHV) licence or, in Scotland, a

private hire car (PHC) licence and you want to

use your licensed taxi or hire car to operate a

local bus service, you can apply for a special

restricted PSV operator’s licence which is

easier to get. Further details can be found at

Annex 3.

Small Vehicles - Regional differences

u Scotland

In Scotland any small passenger-carrying

vehicle (of eight or fewer passenger

seats) must be licensed as a private hire

car (PHC) where it is used for hire by

private arrangement. Examples of such

use might include private hire, school

contracts or wildlife tours. Each separate

type of use must be considered on its merits.

A PHC licence is not required for small

vehicles of this type if they are only ever

used to carry passengers at separate

fares on a registered local service. In

these circumstances they will need to be

covered by a PSV operator’s licence.

If, however, the vehicle is used for both

private hire and for registered services it

will need to be covered by both types of

licence (PHC and PSV).

If you need further and more detailed

information about the operation in

Scotland of small passenger-carrying

vehicles (with eight or fewer passenger

seats) ask the Ofce of the Trafc

Commissioner in Scotland for a copy of

the separate notice Licensing of small

passenger carrying vehicles (of 11 July

2001) or you can obtain it from

www.gov.uk/browse/driving

u England and Wales

In England and Wales there is an

exception to the requirement to charge

separate fares but only for operators

who operate large PSVs (that is PSVs

with more than eight passenger seats),

and whose use of small vehicles is

only a small part of their business.

These operators may run small vehicles

licensed as PSVs for private hire.

What constitutes ‘a small part’ is not

dened in legislation. Ultimately, nal

decisions on where the balance lies are

a matter for the courts. The legislation

confers the exemption on an operator

whose use of small vehicles is only a

small part of their business. One factor

that is relevant is the relative size of the

eet of large and small buses. If less

than 10% of the overall eet licensed

under a PSV operator’s licence are

small vehicles, the exemption may apply.

However, because the legislation refers

to size of the small and large business,

other factors such as revenue or mileage

may be relevant. For example, there may

be instances where the small vehicle eet

SECTION ONE: DO I NEED A LICENCE?

exceeds 10% but the mileage of these

vehicles is only a small part of the overall

mileage, in which case the exemption

may apply.

Small vehicles - situations where a PSV

operator’s licence is not required

Your small vehicle will not be classed as a

PSV in the following situations and you will not

need a PSV operator’s licence if;

u you give lifts in a car, or take part in a

social car scheme run by a local authority

and you charge people enough to cover

your running costs (plus general wear

and nothing more). Your car will still be

treated as a private vehicle, not a taxi,

hire car or PSV;

u you run a taxi or private hire business

and charge for the hire of the vehicle as a

whole. You will not be charging separate

fares so your vehicle is not classed as a

PSV. You will need a taxi or PHV or PHC

licence issued by the local authority if a

licensing system is in force within your

area of operation;

u your licensed taxi or private hire vehicle

is used to carry passengers at separate

fares provided all the passengers book

in advance and agree when they book to

share the cost; or

u your licensed taxis are operating from

authorised places under local authority

taxi sharing schemes.

u organisations that operate without a view

to making a prot may use small vehicles

to carry passengers at separate fares

without the requirement to hold a PSV

operator’s licence. The vehicle may

be operated under a standard section

19 permit. Further information can be

found at Annex 4 and in the guidebook

PSV 385 Passenger transport provided

under Section 19 or Section 22 permits,

available from the website

www.gov.uk/browse/driving

Is a vehicle still a PSV even when it

is not carrying passengers?

If the vehicle is parked in a depot or garage

(or is being driven between two depots or is

temporarily laid up for any reason) it is still a

PSV. It only stops being a PSV when its use

as one has been permanently discontinued;

for example, if you take a vehicle out of

service altogether and adapt it for some other

use (such as driver training).

There is an exception for vehicles that are

sometimes used as taxis, PHVs or PHCs and

sometimes as PSVs under a special restricted

PSV operator’s licence (see Annex 3). These

vehicles are PSVs only when they are being

used on registered local bus services. When

they are not being used as PSVs they are

taxis or PHVs or PHCs and the rules covering

taxi and private hire licensing apply.

Take note: There are occasions

when the use of a PSV will not

require an operator’s licence.

Predominately these are school

buses owned and operated by local education

authorities and vehicles run by organisations

who operate without a view to making a prot

under permits (see Annex 4).

3. Types of licence

There are four kinds of licence:

1. A standard licence – for national and

international operations.

2. A standard licence – for national

operations only.

3. A restricted licence – for small

operations only.

4. A special restricted licence – for holders

of taxi licences, PHV licences, or PHC

licences only (see Annex 3).

Standard licence

A standard licence allows you to operate any

number of vehicles within your authorisation in

the UK, or in the UK and abroad if your

SECTION ONE: DO I NEED A LICENCE?

licence was granted for international

operations.

Operators who are issued with standard

international licences will also receive

Community licences to allow them to travel to,

from or through another Member State.

Take note: Community licences

will not cover you for journeys

to non-EU countries, where you

might require special permission

to travel. You can nd more information in

Annex 11.

To get a standard licence you, or your

transport manager, must satisfy the

requirement of professional competence. (See

Annex 5 for further information on transport

managers and professional competence).

If you or your transport manager can claim

professional competence only for national

operations, you will be able to get only a

standard national licence.

Restricted licence

A restricted licence authorises the use of

PSVs with;

a) eight or fewer passengers seats; and

b) nine to sixteen passenger seats when used

i) not in the course of a passenger

transport business eg they are used in

connection with a hotel business; or

ii) by a person whose main occupation is

not the operation of PSVs which are

able to carry nine or more passengers.

Ie the operation of the minibus is a

sideline and not your main occupation.

The maximum number of vehicles that may be

authorised under a restricted licence is two.

(This restriction does not apply to the

Post Ofce).

A restricted licence allows you to operate in

the UK and abroad.

If the restricted licence is in the name of a

limited company and you want to run nine to

16 passenger seat vehicles, the rule as to the

main occupation applies to the legal entity, in

other words the limited company.

Take note: The restrictions on

main occupation apply on nine

to 16 passenger seat vehicles.

They do not apply in the case of

vehicles with eight or fewer passenger seats.

You do not have to satisfy the requirement of

professional competence to get a restricted

licence, but all other requirements are the

same as for a standard licence. You must

apply and obey the same rules.

Take note: A restricted licence

cannot be used on a vehicle with

more than 16 passenger seats.

If you wish to operate a vehicle

with more than 16 passenger seats you will

need a standard licence. The maximum

number of vehicles that may be used under

a restricted licence is two. If you wish to

use more than two vehicles you will need a

standard licence.

Special restricted licences

A special restricted licence can be granted

only to someone who already holds a taxi

licence, a PHV licence or PHC licence. Its

only use is to let a licensed taxi, PHV or PHC

operate on a local service. The way you apply

for this licence and all the other rules are

different from all other types of licence; they

are set out in Annex 3.

Further reading

You must know about the rules on drivers’

hours and tachographs – see the booklet

Drivers’ Hours Rules for Road Passenger

Vehicles (PSV 375).

You must maintain your vehicles to ensure

that they are in a roadworthy condition

at all times. For further information

please refer to the Guide to Maintaining

Roadworthiness.

You must ensure that you have systems

in place to manage and keep records

to ensure that all passenger carrying

vehicles are used safely and legally. For

more information please refer to The Safe

Operator’s Guide.

All the guides we mention are at

www.gov.uk/browse/driving and

obtainable free of charge from VOSA

(see Annex 13).

SECTION TWO: APPLICATION PROCESS

Additional requirements for a

standard licence

Professional competence

If you are applying for a standard international

or standard national licence, you will need

to have at least one transport manager who

satises the requirements of professional

competence. You may act as your transport

manager or you may employ a transport

manager (an internal transport manager) or

you may hire in the services of a transport

manager (an external transport manager).

Your transport manager must be suitably

qualied, be of good repute and actively

involved in your business with continuous and

effective responsibility for the management of

the transport operations.

Should you change your transport manager,

you must notify the trafc commissioner within

28 days.

If you or your transport manager can claim

professional competence only for national

operations, you will not be able to get a

standard international licence.

For more information, see Annex 5.

Take note: As the licence holder,

you are ultimately responsible for

all aspects of your operations.

This applies to holders of all

licence types.

Address of Establishment

The applicant and any holder of a standard

licence must have an “establishment” in

Great Britain. An establishment means

premises in which the operator keeps their

core business documents, in particular

your accounting documents, personnel

management documents and driving and

maintenance records. A PO Box or third

party address cannot be used for an address

of establishment, nor as an address for

correspondence on a standard licence.

Access to a vehicle

The licence holder must have “access” to a

vehicle (i.e. either a vehicle in possession or

a formal contract with a hire company to hire

one in, where there are currently no vehicles

in possession).

3. Vehicle requirements

Certication

A vehicle that can carry nine or more

passengers must have a Certicate of Initial

Fitness (COIF), a Vehicle Type Approval

certicate, or a Certicate of Conformity

issued under the Road Vehicles (Approval)

Regulations 2009, to show that it was built

or adapted to PSV standards. If you buy a

second-hand PSV make sure that it has a

certicate and that it is passed on to you.

Vehicle testing

There is a special Class VI MOT test for PSVs

constructed or adapted to carry nine or more

passengers, which must be taken every year

starting at 12 months after manufacture or

rst use.

Accessibility requirements

Vehicles which can carry more than 22

passengers may need to comply with

the Public Service Vehicle Accessibility

Regulations 2000 (as amended), allowing

access on the vehicle for disabled persons.

Whether the vehicle has to comply depends

on its age and the use to which the vehicle

is put. In general the Regulations apply to

all buses and coaches which can carry more

than 22 passengers, rst used on or after

31st December 2000 and operating a local or

scheduled service.

Vehicles covered by the Regulations are

referred to as ‘regulated public service

vehicles’ and the requirements include:

u A space for a “standard reference”

wheelchair with suitable safety provisions

u A boarding device to enable wheelchair

users to get on and off vehicles

SECTION TWO: APPLICATION PROCESS

u A minimum number of priority seats on

buses for disabled passengers

u The size and height of steps

u Handrails to assist disabled people

u Colour contrasting of features such as

handrails and steps to help partially

sighted people

u Easy to use bell pushes throughout a bus

u Audible and visual signals to stop a bus

or to request a boarding device

u Equipment to display the route

and destination

4. Objections

The trafc commissioner publishes a notice of

your application in the fortnightly publication

Notices and Proceedings. The police and local

authorities have a statutory right to object to

your application if they can prove that you do

not satisfy the requirements set out in section

2 paragraph 5 (i.e. that you do not satisfy

the requirements to be of good repute, of

appropriate nancial standing, professional

competence, of having adequate arrangements

or facilities to maintain your vehicles and being

able to comply with the laws).

The local authorities that can object are:

u London boroughs and the City of London;

u English and Welsh county and

district councils;

u Passenger Transport Executives; and

u Scottish regional and island councils.

No one apart from the local authorities and the

police has any right of objection. However, the

trafc commissioner can receive and consider

relevant representations from any other

interested party, including other operators or

members of the public. These may be made in

writing or during a public inquiry. It is up to the

trafc commissioner to decide how seriously to

take representations received.

The trafc commissioner cannot refuse an

application because a PSV operating centre

is not environmentally suitable. Nonetheless,

local authorities do have powers to refuse

planning permission should they be convinced

that the site of a proposed operating centre,

or access to it, is unsuitable. You are strongly

advised to consult the planning department of

your local council at an early stage.

Any objections must be made in writing and

must reach the trafc commissioner no later

than 21 days after the application is published

in Notices and Proceedings. A copy of the

objection must also be sent to you at the

same time.

If there is an objection the trafc commissioner

will probably call you and the objector(s) to a

public inquiry before a decision is made on

whether to grant the licence.

Take note: Notices and

Proceedings, often known as

‘Ns and Ps’, is a fortnightly

publication issued by each trafc

commissioner. The publication lists such

matters as details of licence applications;

decisions on those applications; forthcoming

public inquiries; decisions at those inquiries;

and details of applications to register, vary

and cancel local bus services. Copies of

Notices and Proceedings are available at

www.gov.uk/browse/driving

5. Public inquiries

The decision about whether to hold a public

inquiry lies with the trafc commissioner. It is

likely that an inquiry will be held if there are

any objections or if there are any doubts about

your application.

If the decision is made to hold a public inquiry,

written notice of the inquiry and where it will

be held will be sent to you and any other

affected parties.

It will also be published in Notices and

Proceedings. Notice of no less than 14 days

SECTION TWO: APPLICATION PROCESS

will be given of the inquiry arrangements. The

trafc commissioner can postpone or cancel

the inquiry at any time.

An inquiry will be held in public but the trafc

commissioner can stop the public (including,

for example, potential competitors) from

attending the parts of the inquiry where

nancial or other sensitive information is given.

Inquiry proceedings

Inquiries held by the trafc commissioner

are not as formal as a court of law, but they

do follow the same basic pattern. You do

not have to bring a legal or professional

representative with you. However, as the trafc

commissioner’s decision could have serious

repercussions for your business you are

advised to consider whether a representative

could help to prepare and present your case.

You must read the call-up papers carefully. If

you are asked to provide information by a set

date you must do so.

At an inquiry, the trafc commissioner will rst

briey summarise its purpose. If the inquiry is

to consider an application for a licence, the

trafc commissioner will ask you questions

and may also ask any witnesses (e.g. a

Vehicle or Trafc Examiner – see Annex 12

for their powers) to give a report before

SECTION TWO: APPLICATION PROCESS

making a decision. You will be able to ask

the witness questions and answer any points

that are made.

If there is an objector to the application (the

local authority or the police), then the trafc

commissioner will probably ask the objector

to explain the grounds of the objection. You

or your representative will then be able to

cross-examine the objector, who in turn will

be able to cross-examine you. The trafc

commissioner will give a decision only after

hearing both sides of the argument. The

trafc commissioner may also, at his or her

discretion, allow other people who do not have

a right to object (but who have relevant things

to say about the application) to make their

points at the inquiry. If this happens you can

ask them questions and reply to any points

they make.

If the trafc commissioner has called the

inquiry to consider taking regulatory action

against your licence and/or your transport

manager(s), the Vehicle Examiner, Trafc

Examiner or anyone else who has supplied

evidence will probably be asked to present

evidence in person at the inquiry. You will

be able to put questions to any witnesses.

The trafc commissioner will also ask you

questions and you will always have the right to

answer them before a decision is taken.

When the trafc commissioner is considering

whether you satisfy the requirements of

nancial standing, a nancial assessor may

be asked to sit in the inquiry and examine

any evidence that you present. The nancial

assessor may also ask you questions during

the inquiry and the trafc commissioner will

consult the assessor before making a decision.

When nancial matters are to be considered

the trafc commissioner can ask members of

the public and others not directly involved in

the case to leave.

If the police or any local authority objected

to your application, they can appeal to the

Administrative Appeals of the Upper Tribunal

against the trafc commissioner’s decision to

grant you a licence, but nobody else has the

right to appeal.

You will normally be able to operate under

your new licence until the appeal is heard.

6. Refusal of applications

Your right of appeal

If your application is refused or if the licence is

granted with conditions on it which you think

are unacceptable, you have the right to appeal

to the Administrative Appeals Chamber of the

Upper Tribunal.

The Tribunal will call you to a hearing and if

your appeal is successful they will order the

trafc commissioner to grant you a licence

or to change the conditions on the original

licence. Alternatively, they may refer your

application back to the trafc commissioner

for reconsideration. See page 22 – “Appealing

against a decision made by the trafc

commissioner” – for more information

about appeals.

SECTION TWO: APPLICATION PROCESS

Section three: How to keep your licence

1. If your application

is granted

How you get your licence

The trafc commissioner will tell you of the

decision to grant your application and will

issue you with your licence documentation.

The licence will include:

u the operator’s name;

u the type of licence;

u the maximum number of vehicles you can

operate under it;

u the number of discs issued;

u any conditions attached to the licence; and

u any undertakings that are relevant to the

grant of a licence.

You will also receive the number of vehicle

discs that you have requested. If you do not

wish to take up the maximum number of discs

you can request additional discs up to the

authorised number at any time. Each disc will

show your name and licence number plus the

date the disc comes into force and the date

it expires.

Take note: You may use, at any

one time, only the number of

vehicles for which discs have

been issued and each vehicle

used must display a disc.

You should ensure that the entire eet of

vehicles is kept in a roadworthy condition and

keep records for each vehicle to prove this. If a

vehicle is off the road there should be a formal

record kept of this fact.

If you use your discs in more than one

vehicle you must keep clear records to show

to a VOSA examiner or any other authorised

person exactly when each vehicle was

being operated.

How long your licence will last

Under the continuous licensing system,

once granted your licence remains valid for

life unless you operate outside the terms of

your licence.

Every ve years the trafc commissioner

will ask you to conrm that a summary of

information held on your record is correct. You

should not wait until this time though to inform

the trafc commissioner of any changes.

Please refer to page 19 for further information

on changes in your circumstances.

What you must do with your discs

A valid operator’s disc must be displayed

on the windscreen of any PSV used to carry

passengers for hire or reward. It should be

displayed from inside the vehicle – normally

adjacent to the Vehicle Excise Duty disc

and so that it can be easily read from outside

in daylight.

Take note: It is an offence to

write on or alter an operator’s

licence disc in any way.

If your vehicle discs are lost or stolen, inform

the trafc commissioner immediately in writing.

Should a lost disc subsequently be found it

must be returned. Where the writing on a disc

has faded so that it cannot be read, or the

disc has been damaged, it should be returned

to the trafc commissioner who will issue a

replacement disc.

As a rule you can swap discs from one

vehicle to another within the same operator’s

licence as long as every vehicle carries a disc

whenever it is used under the licence.

SECTION THREE: HOW TO KEEP YOUR LICENCE

2. Types of service you can

run with a PSV licence

Without further formalities you can:

u carry a party of passengers for a single

payment from the organiser (this is called

‘private hire’) – the passengers must not

pay separate fares to you or to anyone

acting as your agent. This only applies to

PSVs with nine or more passenger seats;

u run a coach service where separate fares

are charged (but passengers must

travel at least 15 miles measured in a

straight line from the place where they

got on – unless they need to get off in an

emergency);

u run an excursion or tour for less than six

consecutive weeks, regardless of

distance; and

u run a long distance excursion or tour

where everyone travels more than 15 miles

from where they got on and then return.

If you want to run a local service (on which

passengers pay separate fares and which will

take them less than 15 miles) there are some

more things that you must do (see ‘Running a

local bus service’ below).

Issues to be aware of

You can run the services described above but

you should note that:

u in a vehicle with more than eight

passenger seats it is against the law to

ply for hire like a taxi;

u in a vehicle with eight or fewer passenger

seats you cannot do any work which

needs a taxi, PHV or PHC licence if the

area concerned has a system of either

taxi, PHV or PHC licensing – unless you

are charging separate fares or it forms a

small part of a large bus operation. Your

local authority, or in London, the London

Public Carriage Ofce, will tell you what

the local licensing rules are for taxis,

PHVs or PHCs;

SECTION THREE: HOW TO KEEP YOUR LICENCE

u you may need another licence to run a

local service in London (see below); and

u there are restrictions on the carriage of

alcohol on vehicles used to take

passengers to certain sporting events.

Running a local bus service

Outside London (see Annex 10)

If you intend to run a local bus service, before

you want the service to start you must register

the details, including the route and timetable,

with the trafc commissioner.

Trafc regulation conditions may be in force

in places where there are trafc problems or

severe trafc congestion, a potential danger to

road users or concerns over the level of noise

and engine emissions.

These conditions may apply to all registered

local services within the affected area or

a certain class of service, (e.g. excursions

or tours which are registered), which will

be specied in the condition. If you are

considering registering a local service which

goes through a place where trafc regulation

conditions are in force, you should contact

VOSA who will provide advice and guidance

on the steps that you must take.

A local authority with trafc responsibilities

(i.e. a trafc authority) can ask the trafc

commissioner to put trafc regulation

conditions on a certain area. If a trafc

authority asks for new trafc regulation

conditions which would affect one of

your registered services, the trafc

commissioner will give you the chance

to make representations at an inquiry. If

conditions are put on which you think are

unfair or unnecessary, you can appeal to the

Administrative Appeals of the Upper Tribunal.

You can get more help from A Guide to Local

Bus Service Registration (PSV 353A or PSV

353A (Scotland)).

You must also give notice before you change

or cancel the service. Before registering you

should read the above mentioned guide.

For further information on bus services and the

standards you must adhere to, see Annex 10.

For advice on the registration of exible local

bus services you should read A Guide to

Flexible Local Bus Service Registrations

(PSV 358A).

Within London

There is a different system for local services

with stopping places within London. The

majority of services in London are operated

under contract to Transport for London (TfL).

Contracts are awarded following competitive

tender. There are also a small number of

services that form part of the TfL bus network

operated under a London Local Service

Agreement with TfL. Other services including

tourist and commuter coach services operate

under a London Service Permit granted by TfL.

If you wish to apply for a London Service

Permit, or require clarication concerning a

service that you intend operating in London,

you need to contact the Licensing Manager,

Surface Transport Communications, 11th

Floor, Palestra, 197 Blackfriars Road,

London SE1 8NJ or email lsp@t.gov.uk

International operations

This applies to the holders of standard

international and restricted operator’s

licences. Both these licences authorise the

operation of PSVs in the United Kingdom and

abroad. A standard national licence authorises

the operation of PSVs solely within the

United Kingdom.

Any operator who wishes to use their PSVs

to take passengers abroad to other Member

States must have a Community licence,

issued by the trafc commissioner. The

original of the licence must be retained by the

operator and a certied copy must be kept in

each vehicle being used in an international

transport operation.

Under EC regulations an operator licensed in

one Member State is also allowed temporarily

to carry out national passenger services in

SECTION THREE: HOW TO KEEP YOUR LICENCE

another Member State without being required

to have a registered ofce or other

establishment in that State. This is known as

cabotage. A Community licence is required

and a certied copy of the certicate must be

kept in the vehicle.

For regular services you will need to get

permission from the Department for Transport,

and from the appropriate authorities in the

countries you are visiting.

Application forms to operate a regular service

between EU Member States and between the

UK and non-EU countries can be obtained

from the International Road Freight Ofce

(IRFO) at City House, 126–130 Hills Road,

Cambridge CB2 1NP. Advice on international

operations can be sought by telephoning

01223 531030.

Operators who wish to operate a shuttle

service are advised to contact IRFO for

further advice.

For other journeys, waybills (journey forms)

are required and can be purchased from the

Confederation of Passenger Transport, 3rd

Floor, Drury House, 34–43 Russell Street,

London WC2B 5HA. Telephone 020 7240

3131, fax 020 7240 6565 or email admin@

cpt-uk.org

Not-for-prot organisations should apply to

IRFO for an own-account certicate to use their

vehicles to carry their own members abroad.

3. Hiring from other operators

Methods of hiring

You can hire vehicles from other operators in

two ways:

1. You may want to hire vehicles whenever

you have any of your own vehicles off

the road for repairs. If so, you may hire

vehicles for as long as you like provided

that you do not operate more than the

total number of vehicles authorised on

your licence. You must display your own

discs in these hired vehicles. Make sure

that you remove the discs from any out of

service vehicles that you are replacing, or

from any vehicles that are being returned

to the operator from whom you hired

them. You will be as fully responsible for

these hired vehicles as you would be if

you were their permanent operator, so you

should make sure that they are in good

mechanical order before you hire them.

You will also be the employer of the driver.

2. You may also hire vehicles (with or

without a driver) on a temporary basis

for up to 14 days without replacing the

discs of the operator from whom you

hired them; however, you cannot just

borrow a disc from another operator.

There must be a gap of 14 days before

you hire the same vehicle again. This

is a special arrangement to cover

unforeseen emergencies or peaks in

your business where you need more

vehicles than you have been licensed

to operate. In this case, the operator

who hired out the vehicle to you is still

legally the operator, as long as their disc

is displayed. You should make sure that

the hiring agreement you have with them

places every responsibility on them for

maintaining the vehicles even while they

are in your possession. (However, your

own drivers must still carry out the daily

walkaround checks as detailed in the pull-

out section of the Guide to Maintaining

Roadworthiness).

Take note: If you hire a

vehicle from someone you

are responsible for its safe

roadworthy operation. You should

ensure that appropriate checks are carried out

before and during use. You must keep proper

records of the vehicle’s use including hire

arrangements and maintenance, ensuring that

the vehicle has a COIF.

If you hold a restricted licence, you cannot hire

vehicles that carry more than 16 passengers.

SECTION THREE: HOW TO KEEP YOUR LICENCE

4. Making changes to

your licence

Increasing the number of vehicles

authorised under the licence

If you want to operate more vehicles than the

total number authorised on your licence you

should apply to vary your licence on form PSV

431. Guidance notes have been produced

to help you complete your application. You

should allow up to nine weeks for delivery of

your licence.

You need to submit the form to the trafc

commissioner at the Ofce of the Trafc

Commissioner, at the Central Licensing Ofce

(see Annex 14) together with any relevant fee.

The trafc commissioner will then consider

if you have enough money and adequate

maintenance facilities or arrangements to

operate the extra vehicles. If satised, the

trafc commissioner will vary your licence and

additional discs with the same expiry date as

those you already have will be issued.

You may request a lesser number of discs if

you wish and increase the number up to the

maximum authorised as your business expands.

Take note: You must not run

extra vehicles until this is

specically authorised by the

trafc commissioner. Remember,

any vehicle operated under your licence must

display a valid disc.

Reducing the number of vehicles

you operate

You can also reduce the authorisation on your

licence, by applying to vary your licence on

form PSV 431A and returning the discs you no

longer require.

Making other changes

If your licence has conditions that stop you

from operating certain types of vehicles, or lets

you operate only specied vehicles, you may

apply to have the condition varied or removed

from your licence.

You may need to prove to the trafc

commissioner that your maintenance facilities

or arrangements are now adequate for the

vehicles you want to operate, or that the

condition is no longer necessary or appropriate.

You may also apply to the trafc commissioner

to vary or remove undertakings that you made

when your licence was granted.

If your application is refused, you may appeal

to the Administrative Appeals Chamber of the

Upper Tribunal

Upgrading a restricted licence

If you wish to upgrade a restricted licence to

a standard licence you will have to make a

fresh application to the trafc commissioner

for a new licence using form PSV 421. Proof

of professional competence will be required

and your nancial standing will need to be

reconsidered. You cannot swap a restricted

licence for a standard licence.

You can apply to upgrade from standard

national to international by varying your

existing licence. Proof of professional

competence for international operations is

required. You will need to return your licence

documents and vehicle discs so that new ones

can be issued.

Changes in your circumstances

You must notify the trafc commissioner in

writing within 28 days (by contacting the Ofce

of the Trafc Commissioner at the central

licensing ofce) of any of the following changes:

1. Any change in legal entity in your business:

u if you change from being a sole trader

or partnership into a limited company; or

u if the structure of a limited company

changes, resulting in a change of

registered company number.

u material change in the company such

as a change of directors, or a change in

share holding.

SECTION THREE: HOW TO KEEP YOUR LICENCE

Take note: It is against the law to

operate as a new entity without

telling the trafc commissioner.

A new licence for the new entity

must be obtained before operating.

2. Any cases of death of persons named

on the licence, personal or company

bankruptcy or liquidation of those involved

in the management of the company or

similar situations. In most cases the

licence will be terminated automatically

unless the trafc commissioner specially

allows it to carry on for a specied period.

At the request of the operator (or, in the

case of bankruptcy, the receivers), a trafc

commissioner may, in the case of restricted

licence holders, grant an extension of up

to 12 months or (where it appears to a

trafc commissioner that there are special

circumstances) 18 months. However,

these extension periods are lower for

standard licence holders.

3. Any change of transport manager, with

evidence of the new manager’s

professional competence.

4. Any change of partners within a

partnership rm (in some cases you may

need a new licence).

5. Any relevant convictions of yourself, your

transport manager, ofcers, employees,

or agents.

6. Any change in the address for

correspondence that you gave on your

application.

7. Any change in the address of establishment

(standard licence holders only).

8. Any change in the address of your

operating centre(s).

9. Any other changes which the trafc

commissioner may have required you

to report as a condition of granting

your licence.

The trafc commissioner may also require

you to provide information about the vehicles

that are used under your operator’s licence.

It is up to the trafc commissioner to decide

the exact details of the information required

but it is likely to include details of the vehicle

registration numbers.

Take note: You have a legal

duty to notify VOSA as soon

as practicable of any failure or

damage to your vehicle that

could affect safety of your passengers or other

road users and of any alterations made to its

structure or xed equipment.

Every ve years you will be sent a list of

the information held on your licence so that

you can check it and update any details

that are incorrect. Do not wait for the

checklist to tell the trafc commissioner

of any changes; you must report them as

soon as possible when alterations occur

and no later than 28 days afterwards.

5. Additional requirements

Drivers Certicate of Professional

Competence

Drivers of a PSV with nine or more passenger

seats must hold a valid vocational driving

licence. This will be shown on a unied driving

licence which shows all driving entitlements,

both ordinary and vocational.

From 10 September 2008 drivers will need

to hold a Driver’s Certicate of Professional

Competence (DCPC).

u From this date any new driver will need to

pass the initial DCPC theory and practical

test, in addition to the licence acquisition.

u Existing drivers will have acquired rights

if they hold a vocational licence issued

before 10 September 2008. Drivers will

hold acquired rights up to and including 9

September 2013.

u Regular periodic training will be required

by this date to maintain the qualication.

Periodic training is continuing

professional development for bus and

coach drivers.

SECTION THREE: HOW TO KEEP YOUR LICENCE

u A DCPC requires the driver to complete a

minimum of 35 hours of approved periodic

training during every ve-year cycle.

All professional drivers need to complete 35

hours of ‘periodic training’ every ve years in

order to maintain their driver CPC status and

continue driving professionally. Drivers with

acquired rights will be able to use their driving

licence as proof of their Driver CPC status until

they have completed their 35 hours training

within the rst ve year cycle, at which point they

will be issued with a Driver Qualication Card.

Operators should have systems in place to

check the CPC status of their drivers and

ensure that their drivers have obtained their

CPC by September 2013 (PCV). The trafc

commissioners will take a serious view of

operators who employ drivers who do not hold

a valid Driver CPC initial qualication or do not

have a valid CPC periodic qualication.

Failure to complete the training in time may

mean that the driver is committing an offence

and could be liable for a ne of up to £1000.

Employing a driver who has failed to complete

their training could have a bearing on the

operator’s good repute and may result in the

trafc commissioner taking action against the

operator’s licence.

Notications under section 20 of the

Public Passenger Vehicles Act 1981

The holder of a PSV operator’s licence is

required to notify VOSA of any failure of or

damage to any PSV owned by them, which

may affect the safety of passengers or of

persons using the road. A written report

should be submitted in the event of any of the

following occurring:

u Fatalities

u Serious injuries, this being defined as

breakage of any bone, damage to a

major organ or hospitalisation overnight.

u Allegations of safety defect.

u Serious damage as a result of the

incident, this being defined as major body

and/or mechanical components damage,

requiring specialist recovery and vehicle

being taken out of service for repair.

u Vehicle catching fire

u At the request of the police

The report should be submitted as soon as is

practicable, using the standard form PSV 112.

The vehicle must not be repaired or used on

the public highway until the staff at the local

area office have contacted the operator.

6. What if I get it wrong?

Throughout the life of the licence you must

comply with the requirements of the legislation.

Failure to do so may result in you being

prosecute and/or the traffic commissioner

taking action.

Evidence

Evidence of non-compliance can be brought

to the traffic commissioner’s attention from a

number of sources, usually VOSA examiners.

There is a wide range of powers available to

VOSA and some examples are detailed in

Annex 12.

The traffic commissioner will consider taking

action against your licence if:

u you no longer meet the requirements of

good repute or financial standing;

u in the case of a standard licence, there is

no longer a professionally competent

person working in the firm (see Annex

5); or you cease to have an address of

establishment within GB; or you cease to

have access to a vehicle;

u you make a false statement to get a

licence, or have not kept to an agreement

you made when you applied for your licence;

u you have broken a condition or not kept

any undertaking on your licence;

u a Vehicle Examiner has prohibited the

use of any of your vehicles because of

their dangerous condition;

SECTION THREE: HOW TO KEEP YOUR LICENCE

u your vehicles have not been maintained

in a safe and roadworthy condition;

u rules surrounding the safe operation of

vehicles have not been adhered to;

u rules surrounding drivers’ hours

regulations have not been adhered to;

u rules surrounding driver licensing,

including driver CPC, have not been

adhered to.

u there has been a change of

circumstances which affects your

suitability as an operator; or

u there has been a material change, e.g.

a business has changed from a sole

trader or partnership to a limited

company. This would constitute what is

known as a change in legal entity.

If you operate a local service unreliably or in

a dangerous way, the traffic commissioner

can put a condition on your licence which will

stop you operating either that service, or any

local services. If there have been maintenance

defects, or if vehicles have been swapped

between operators to avoid enforcement, the

traffic commissioner may specify that you only

operate certain vehicles and no others.

The action the trafc commissioner

can take

The traffic commissioner has the power

to revoke your licence (take it away) or to

suspend it so that you cannot use it for a given

time or until some defect in your operation has

been put right.

The traffic commissioner may also reduce

the number of vehicles authorised or put

conditions on your licence so that you can

operate only certain types of vehicle (e.g.

nothing larger than a minibus).

The traffic commissioner can also put

conditions on your licence to control coaches

carrying football supporters, setting out the

times you may leave and arrive and what

breaks in the journeys you may take. This is

also covered by a voluntary code of practice.

The traffic commissioner can also impose a

financial penalty for operating local services in

an unreliable manner.

In most cases the traffic commissioner will ask

you and/or your transport manager(s) to come

to an inquiry before any action against your

licence is taken. If the traffic commissioner

does not invite you to an inquiry, you have the

right to ask for an inquiry to be held.

In some cases, the traffic commissioner may

take action immediately (e.g. in the interests

of public safety) and the inquiry will be held

later. You can be represented by a legal or

professional adviser if you wish.

Appealing against a decision made

by the trafc commissioner

You may appeal to the Administrative Appeals

Chamber of the Upper Tribunal if the traffic

commissioner takes regulatory action against

your licence or imposes a condition.

If your licence has been revoked, suspended

or had conditions placed on it, this starts on

the date stipulated by the traffic commissioner.

You can ask the traffic commissioner to delay

any decision pending appeal and if the traffic

commissioner refuses, you can apply to the

Administrative Appeals Chamber of the Upper

Tribunal to make a special direction (called

a ‘stay’) which will let you carry on as before

until the appeal is heard.

The Administrative Appeals Chamber of the

Upper Tribunal must reach a decision on this

application for a stay within 14 days. Whatever

they decide this will not affect the result of the

appeal when it is heard.

The application form and associated guidance

notes are available from the Upper Tribunal

Administrative Chamber, (address at Annex 14).

Applying for another licence when

your licence has been revoked

You can apply for another licence if you have

had one revoked but you should wait until you

SECTION THREE: HOW TO KEEP YOUR LICENCE

have put your affairs in order and can satisfy

the traffic commissioner that you are now a

suitable person to operate PSVs. You must

declare all previous licences when making a

new application.

Take note: The traffic

commissioner has the power to

disqualify anyone whose licence

has been revoked from holding

an operator’s licence in that or any other

traffic area indefinitely or for a specified

period of time. If the disqualification applies

to another traffic area, the licence will

automatically be suspended from the date

of the disqualification order.

A disqualification order may also stop you from

operating in a partnership or being a director

or major shareholder in any company that

operates PSVs. Operator’s licences held by

partnerships or companies in which you are

involved may also be revoked, but the traffic

commissioner is likely to take such a severe

step only where it is very clearly justified. You

have a right of appeal to the Administrative

Appeals Chamber of the Upper Tribunal

against a disqualification order.

If, after a period of time, you feel your

circumstances have improved, you may apply

to the traffic commissioner to have the order

cancelled or varied.

7. Where to get further

information

Annex 13 lists various Acts of Parliament,

regulations, guides and booklets that may

answer your questions more fully.

For further information, you may also visit

www.gov.uk/browse/driving

If you need any more help or advice, please

contact VOSA (see Annex 14).

The Confederation of Passenger Transport

may also be able to help you.

If you are interested in operating local bus

services you should get in touch with the

appropriate local authority, or equivalent:

u for services in London – Transport

for London;

u for services in the six English

Metropolitan areas – the Passenger

Transport Executive;

u for services in other parts of England

or any part of Wales – the Transport

Co-ordinating Ofce for the county/unitary

authority; or

u for services in Scotland – the Transport

Co-ordinating Ofcer for the relevant council.

SECTION THREE: HOW TO KEEP YOUR LICENCE

There has been an increase in the use of

stretched limousines on our roads. Although

different in appearance to traditional vehicles

due to the body style, they are still classed

as cars, minibuses, coaches or buses. All

stretched limousine style vehicles need to

be operated under a licensing system as

it is a criminal offence to operate a vehicle

for hire (i.e. to convey paying passengers

in the course of a business, for payment or

otherwise) without a licence.

The vast majority of stretched limousines

used in Great Britain are imported from the

USA. Legislation governing the construction

and use of vehicles is signicantly different

in the USA and therefore these vehicles will

need modications (signicant modications

in the case of larger vehicles) in order to

be compliant with British requirements and

suitable for hire.

Stretched limousines can be split into three

separate groups based on the seating

capacity. The vehicle type is set out in the

European Community Whole Vehicle Type

Approval (ECWVTA) framework directive and

classes the vehicles as follows:

u M1 vehicles designed and constructed

for carriage of passengers and

comprising no more than eight seats in

addition to the driver’s seat;

u M2 vehicles designed and constructed for

the carriage of passengers, comprising

more than eight seats in addition to the

driver’s seat, and having a maximum

mass not exceeding 5 tonnes (essentially

minibuses); and

u M3 vehicles designed and constructed for

the carriage of passengers, comprising

more than eight seats in addition to the

driver’s seat, and having a maximum

mass exceeding 5 tonnes (large coaches

and buses).

The main purpose of type approval is to

ensure that all vehicles have been designed

and constructed to modern safety and

environmental standards before they can be

used on public roads.

The classications of the vehicle type will

dictate the type approval and registration

requirements that the vehicle will have to meet

and also the licensing system that the vehicle

must be operated under.

Limousines with more than eight

passenger seats (M2 and M3)

Most of these large limousines were originally

built in the USA and do not comply with British

requirements for a vehicle of this passenger

capacity. The main areas of non-compliance

are the turning circle, size of emergency exit

and lack of ‘e-markings’ on mirrors, seat belts,

glass and lights to show compliance with

European laws.

Traditionally these vehicles have required a

Certicate of Initial Fitness (COIF) from VOSA

in order to be registered and used to carry

passengers for hire or reward. However, since

April 2009 if has also been possible to apply

for Individual Vehicle Approval (IVA) or type

approval for such vehicles. From 29th October

2011, COIF will no longer be an acceptable

route to registration, except for vehicles built

more than 3 months prior to this date (i.e.

manufactured prior to 29th July 2011).

Take note: It is essential if you

are considering using a large

limousine that it has been built

and approved to full COIF, IVA or

approval requirements, otherwise you will be

committing an offence

Once a vehicle has obtained the relevant

approval it can be licensed in exactly the same

way as any traditional bus or coach.

Annex 1:

Using a stretched limousine on an

operator’s licence

ANNEX 1: USING A STRETCHED LIMOUSINE ON AN OPERATOR’S LICENCE

Limousines with up to eight

passenger seats (M1)

Most of the small limousines were originally

built in the USA and do not comply with British

requirements for a vehicle of this passenger

capacity. To become ‘road legal’ in Great

Britain the vehicle must meet the ECWVTA

standards or can be submitted to VOSA for

individual vehicle approval (IVA), formerly

known as the Single Vehicle Approval scheme

(SVA),which checks compliance with British

construction requirements. Granting approval

allows registration with DVLA. DVLA will refuse

to register a vehicle without a type approval or

IVA certicate.

Take note: It is essential if you

are considering using an eight

passenger seat limousine that it

has been built and approved to

ECWVTA or IVA standards, otherwise you will

be committing an offence.

Limousines with up to eight passenger seats

are normally operated as private hire vehicles

(PHVs), which means they can be ordered by

phone but not hailed in the street. The PHV

rules do not require separate fares; a 15 mile

rule; or a ‘tours and excursions’ exemption

provision (see below). The basis on which

limousines operate under a PHV licence is far

less restrictive than a PSV operator’s licence.

PHV licences are administered outside London

by the relevant local authority or in London

by Transport for London (TfL), who have

discretion on which vehicles they will license.

There is also the possibility of licensing

limousines with trafc commissioners

as small buses. Although the legislation

was not intended to facilitate this, a trafc

commissioner can grant a licence.

Where an operator intends to operate services

using a stretched limousine as a small

PSV, the trafc commissioner will require

undertakings from the applicant, and these will

be recorded on the licence.

You must keep to any such undertakings, or

the trafc commissioner may take regulatory

action against your licence. Examples of these

undertakings are in the following annex.

Take note: Local authorities

license supply of alcohol and

if alcohol is consumed in your

vehicles, the relevant local

authority must be satised that this is legal,

otherwise your repute as an operator will be

called into question. The supply of alcohol

as part of a package to provide a limousine

service requires an alcohol licence or a

criminal offence is committed.

ANNEX 1: USING A STRETCHED LIMOUSINE ON AN OPERATOR’S LICENCE

For a small vehicle, that is a vehicle with eight

or fewer passenger seats, to be classed as a

PSV it must be used to carry passengers at

separate fares in the course of a business of

carrying passengers.

It is not a PSV as it is not being used in the

course of a business of carrying passengers if:

a) the fare or aggregate of the fares paid

does not exceed the running costs of the

vehicle for the journey; and

b) the arrangements for the payment of fares

by the passenger or passengers were

made before the journey began

If the vehicle is being used in the course of

a business of carrying passengers there are

further conditions that must be met in order for

the vehicle to be classed as a PSV.

Condition 1:

The passengers must have been brought

together for the purposes of making the

journey by the driver or owner of the

vehicle or by some other intermediary

who is paid for doing so. In addition each

journey must have been advertised to

the public, so as to create a genuine

opportunity for members of the public

to be carried on the particular journey

in question, i.e. the journey is not an

exclusive hiring for an individual or group,

notwithstanding that separate fares are

paid. Advertisement at a place of worship,

a place of work, a club or other voluntary

association for the information of people

present at those places, or in periodicals

circulated wholly or mainly among such

persons, does not count as advertisement

to the general public. Finally, in the event

that there are multiple destinations, there

should be differentiation of fares for the

journey based on distance or time.

Condition 2:

The making of the agreement for the

payment of separate fares must have

been initiated by the driver or owner of

the vehicle, or by some other intermediary

who is paid for doing so – not by the

passengers themselves, or any other

party. In addition, as in condition 1, each

journey must be advertised to the public

beforehand as being open to passengers

to be carried at separate fares

c) In England and Wales, there is an

alternative authorised under Section

79A (3) of the Act. This allows certain

operators of large PSVs, i.e. vehicles

which can carry nine or more passengers,

to use a small vehicle under their

PSV operator’s licence, without the

requirement to charge separate fares.

The use of a small vehicle must be only

a small part of the operator’s business of

carrying passengers by motor vehicles.

Guidance provided by the Department

for Transport suggests that, although the

ultimate decision for what constitutes ‘a

small part’ is a matter for the courts, the

understanding is that if less than 10%

of the eet of vehicles licensed under a

PSV operator’s licence are small vehicles

the exemption may apply. However, as

the legislation states small part of the

business, other factors such as mileage

run or income may be taken into account.

If you are operating small vehicles and cannot

meet any of the criteria detailed above you

are probably operating the vehicle(s) as a

PHV and it should not be used under a PSV

operator’s licence. You should immediately

contact your local authority to seek advice on

obtaining a PHV licence.

Annex 2

Use of small vehicles under a PSV

operator’s licence

ANNEX 2: USE OF SMALL VEHICLES UNDER A PSV OPERATOR’S LICENCE

Undertakings

Where an applicant intends to use a small

vehicle under a PSV operator’s licence, the

trafc commissioner will require undertakings

from the applicant.

You must keep to any such undertakings, or

the trafc commissioner may take regulatory

action against your licence. Examples of these

undertakings are as follows:-

u The operator will advise the trafc

commissioner of the type and registration

numbers of vehicles used under that

licence, and will advise of any changes.

u The operator will not use any vehicle

without prior written approval from the

trafc commissioner.

u In respect of any small vehicle used

under the licence, the operator will

provide an audit trail to the trafc

commissioner or any enforcement

body on request, which demonstrates

compliance with PSV requirements. This

includes paperwork as to how, in respect

of any service, separate fares were paid

and one of the two conditions set out

above were met. (This undertaking does

not apply where the vehicle is being used

under the provisions of Section 79A).

u Each small vehicle to be used under the

licence will have a V5/V5C registration

certicate, and the operator must

possess and produce when asked to

do so a document conrming this.

u Each small vehicle will receive a full

safety inspection (maximum every 10

weeks) in premises suitable for the

vehicle to ensure that its roadworthiness

is maintained. Records of all inspections

must be kept in accordance with the

Guide to Maintaining Roadworthiness.

u At no time will the small vehicle carry

more than eight passengers.

u The operator will at all relevant times

comply with the legislation in respect of

charging separate fares and retain 12

months’ evidence of this compliance for

each journey. (Separate fares are not

required where the vehicle is being used

under Section 79A).

u Drivers of small vehicles will carry with

them documentary evidence that

separate fares have been charged for the

current journey. (Separate fares are not

required where the vehicle is being used

under Section 79A).

u The operator will not use a vehicle that

does not meet the ECWVTA standards or

British construction and use requirements

or the Road Vehicles Approval

Regulations 2009 (as amended).

u The operator or driver will not break the

alcohol laws.

ANNEX 2: USE OF SMALL VEHICLES UNDER A PSV OPERATOR’S LICENCE

This annex is for proprietors of licensed taxis

and private hire vehicles (PHVs) who want to

use their vehicles to run a local bus service.

To be able to run a local bus service you must

rst be issued with a PSV operator’s licence.

Normally this would be a restricted or standard

licence but holders of licensed taxis or private

hire cars can apply for a special restricted

operator’s licence. This licence allows taxis and

PHVs to be used to provide local bus services.

The application form is available from www.

gov.uk/browse/driving or from VOSA and on

completion should be sent, with the relevant

fee, to VOSA. No one can object to your

application and the licence will be granted

once the trafc commissioner has checked

that you hold at least one taxi or PHV licence.

The licence covers you in perpetuity for all

the taxis, PHVs or PHCs for which you hold

licences, as long as you pay the relevant fee to

keep your licence in force. Although the number

of vehicles you have may change during this

time you will not need to change your special

licence. You may use any vehicle you own

which is licensed as a taxi, PHV or PHC.

Rules

You must undertake to operate a local service,

which must be registered with the trafc

commissioner before you want it to start. If the

service is to run in London then you will need

a permit from Transport for London (TfL).

It must have at least one stopping place in the

area of the district council that issued your taxi

or PHV licence. Other stopping places can be

in any other district.

Any vehicle you use under a special restricted

licence must be a licensed taxi, PHV or PHC.

When being used on a local service the

vehicle must not be used to ply for exclusive

hire, or pick up passengers waiting at taxi

ranks. There must be a notice on the front of

the vehicle with the word ‘Bus’ on it in letters

at least 60mm high and showing the route,

the destination or the kind of service you are

running. You must also have a fare table on

display in the vehicle so that passengers can

check the fare for any journey, or how the fare

is worked out.

The vehicle can be used to operate taxi or

private hire services when it is not being used

to provide a local bus service.

Once the service has been registered you are

committed to running at the times you said it

would and along the registered route.

Before registering you should read A Guide to

Local Bus Service Registration, or for exible

Annex 3:

Special restricted PSV operator licences

ANNEX 3: SPECIAL RESTRICTED PSV OPERATOR LICENCES

bus services A Guide to Flexible Local Bus

Service Registrations.

Local bus services (other than excursions and

tours) are the only type of PSV operation you

can undertake. You cannot run any other type

of PSV service with your taxis or PHVs (e.g.

an express service with stopping places more

than 15 miles apart).

Driver licensing requirements

The driver must be a licensed taxi, PHV or

PHC driver and should be licensed by the

same district council as the vehicle. Drivers

must not be used unless they also hold the

appropriate taxi, PHV or PHC licence.

Other PSV operator’s licences

In addition to holding a special licence you

may apply for a restricted or standard licence.

A restricted licence will let you run two vehicles

with up to eight passenger seats as PSVs (but

not as taxis, PHVs or PHCs) as well as your

taxi(s). If the bulk of your earnings will still be

from taxi, PHV or PHC operation, you may be

granted a restricted licence for two PSVs with

up to 16 passenger seats.

Should you wish to operate larger vehicles or

more than two vehicles then you will need to

apply for a standard licence.

You should read the main part of this guide for

more information.

ANNEX 3: SPECIAL RESTRICTED PSV OPERATOR LICENCES

Permit schemes

Some operators of small vehicles, minibuses

and, in a few cases, larger buses are free from

PSV operator licensing if they use their vehicle

under a permit. These permits let the holder

carry fare-paying passengers in fairly restricted

circumstances.

This annex gives only an outline of the subject.

For more information please see the guide

PSV 385 Passenger transport provided under

Section 19 or Section 22 permits.

There are two permit schemes:

u standard and large bus permits: issued

under section 19 of the Transport Act

1985, as amended; and

u community bus permits: these are issued

under section 22 of the Transport Act

1985, as amended.

Section 19 permits

Not-for-prot groups concerned with education,

religion, social welfare, recreation (standard

permits only) or other activities of benet to

the community can get permits. The standard

permit is for a vehicle that can carry up to 16

passengers. These permits are issued either

by trafc commissioners or designated bodies

(local authorities, various national charities or

church organisations etc). They allow the holder

of the permit to carry members of the group

(e.g. Scouts) or people whom the group aims

to help (e.g. disabled people). The permit gives

details of those who may use the vehicle but it

must not be the general public.

Not-for-prot groups that act as ‘umbrella

organisations’ for small bodies concerned with

education, religion, social welfare or other

activities that benet the community can get

a large bus permit for vehicles with more than

16 passenger seats. You can get these only

from the trafc commissioner, who must be

satised that the group has adequate facilities

or arrangements for maintaining the vehicles.

Permits do not allow a vehicle to be used

with a view to making a prot, or to be used

in connection with a prot-making activity.

Permits are only valid for use in the UK.

Community bus permits

Community bus permits are meant for a

different purpose. They are issued to groups

that want to run a local bus service on a non-

prot making basis.

Unlike section 19 permit vehicles, community

buses can carry the general public, and their

main use is to give the public a local bus

service (which must be registered with the

trafc commissioner). Permits are issued by

the trafc commissioner who can, at their

discretion, allow the operator to use the

vehicle for non-local services (e.g. contract

hire) that help to give nancial backing to the

local operation. Community bus operators

have to run their local services just as

reliably as professional operators. The trafc

commissioner must also be satised that their

maintenance facilities or arrangements are

adequate. The trafc commissioner can revoke

the permit if standards are not maintained.

Permits issued on or after 6th April 2009 can

authorise the use of a vehicle which can carry

seventeen or more passengers. The vehicle

must have a COIF. The vehicle must be built

or adapted to PSV standards. It must have a

COIF, a Vehicle Type Approval certicate or a

Certicate of Conformity to show that it meets

these standards. Before authorising the use of

vehicles of this size the trafc commissioner

must be satised that appropriate maintenance

facilities or arrangements are in place. If the trafc

commissioner is not satised then only vehicles

which can carry nine to sixteen passengers will be

allowed to be used under the permit.

It should be noted that community bus permits

issued before 6th April 2009 do not authorise

the use of vehicles which can carry seventeen

or more passengers.

Annex 4:

Not-for-prot transport

ANNEX 4: NOT-FOR-PROFIT TRANSPORT

A professionally competent person must

be nominated as transport manager on a

standard licence. This person can be you

if you are qualied or a qualied transport

manager that you employ. The person does

not have to be part of your full-time staff

but must have and be able to demonstrate

continuous and effective control of the

transport operations. The business may

employ more than one transport manager. The

professionally competent person must also be

of good repute.

If the transport manager is changed at any

time, you must notify a trafc commissioner

within 28 days.

A person can be professionally competent for

national operations only, or for both national

and international operations. If the transport

manager has professional competence for

national operations only, you should apply

for a standard national licence. If they have

professional competence for both national and

international operations you can apply for a

standard international licence.

Changes to the rules concerning transport

managers came into effect on 4 December

2011. If you require any further information on

how these requirements apply, please contact

the Central Licensing Ofce.

The changes are as follows:

1. There will be two types of transport

manager – “internal” and “external”;

Internal transport managers

This type of transport manager is closely

connected with the operator. To qualify,

they must meet three requirements:

u Be resident in a European Union country

u Effectively and continuously perform

their transport manager role for the

operator in question

u Have a genuine link to the operator,

such as being a full-time or part-time

employee, director or owner.

The same person can act as an ‘internal’,

part-time, employee transport manager

for more than one operator, and therefore

be named on more than one operator’s

licence. However, in each case, the trafc

commissioner would need to be satised

that the person had a genuine link to the

operator and satised the requirement of

effective and continuous management, as

set out above, is met.

External transport managers

When an operator does not:

a. Himself / herself full the role of

transport manager (i.e. they lack the

professional qualication and are perhaps

an owner/driver or sole trader); or

b. Employ a qualied transport manager

on a full or part-time basis (i.e. the

operator does not have an ‘internal’

transport manager).

The operator may ‘hire in’ a transport

manager – e.g. a consultant transport

manager under contract to an operator

on a part-time basis. This is considered

to be an ‘external’ transport manager.

The contractor must have effective and

continuous management responsibility for

the transport activities of the operator and:

u Be of good repute and be resident in a

European Union country

u Have a contract with the operator

that species the tasks they perform as

transport manager. The new Regulation

sets out, in broad terms, what that

contract should cover, although

contract details will be a matter for

individual transport managers and

operators to determine.

Annex 5:

Transport managers

ANNEX 5: TRANSPORT MANAGERS

u Only work for a maximum of 4

operators with a combined maximum

total eet of 50 vehicles – meaning that

across all four operators, they cannot

have responsibility for more than 50

vehicles. Individual Member States have

freedom to lower the 4/50 maximum and

trafc commissioners are able to set

lower limits in individual cases.

u Each transport manager must

act solely in the interests of the

operator and independently of

transport customers.

At the discretion of the trafc commissioner,

it is possible for internal transport managers

to do some consultancy work for another

standard licence holder - as an external

transport manager.

2. From 4 December 2011, trafc

commissioners can take regulatory

action against both internal and external

transport managers, independently of any

action they may decide to take against the

licence holder.

Declaration that a transport

manager is “unt” to manage

transport operations

At a public inquiry, a trafc commissioner

may decide that a transport manager is

unt to oversee transport operations. If this

is the case, their Certicate of Professional

Competence will no longer be valid in any

EU Member State during any period of

disqualication - i.e. they will not be able to

work as a transport manager in the UK or

any other EU Member State.

Where a trafc commissioner has taken such

action, the transport manager may also appeal

to the Tribunal (see page 22).

Establishing professional

competence

There are three ways professional

competence can be established. These are:

1. Holding grandfather or

acquired rights

There are new rules which came into effect

from 4th December 2011 which mean that

the ‘Grandfather Rights’ exemptions need

to be renewed to remain valid after 4th

December 2011.

A new certicate (which will now be known

as “Transport Manager Acquired Rights”)

will have been automatically be issued by

the Department for Transport to all transport

managers with ‘grandfather rights’ who are

listed on an operator’s licence.

If you were a grandfather rights holder but not

listed on an operators licence in late 2011,

you will need to apply to the Department for

Transport to have those rights renewed. An

application form to renew grandfather rights

is available for download at http://assets.

dft.gov.uk/publications/goods-vehicle-

operators-licence/application-form.doc.

Take Note: You have until

4 December 2013 to apply

for a replacement certicate.

These certicates will not be

available after that date and, without one, your

grandfather rights will no longer be valid.

2. Possession of a Transport Manager

Certicate of Professional Competence

From the 4th December 2011 a number of

Awarding Organisations are able to offer the

Certicate of Professional Competence (CPC)

examination. A list of Awarding Organisations

who have approval to supply the exam is

provided at the end of this section. We will

update the list over time.

From 4 December 2011 the national Transport

Manager CPC examination will be discontinued

– all future examinations will be for the

ANNEX 5: TRANSPORT MANAGERS

international Transport Manager CPC. Existing

national Transport Manager CPCs will remain

valid for national operations after that date.

There are no academic entry requirements

for the examination. Neither are there any

xed rules or requirements for study. You can

prepare for the examination by:

u attending a residential course;

u attending a non-residential course;

u studying with the help of a special

learning pack or by a correspondence

course; or

u studying without assistance.

For details of examination dates, test and

study centres, and a more detailed syllabus,

contact an examination provider.

List of current Transport Manager CPC

Awarding Organisations:-

* OCR Examinations Board

Progress House

Westwood Way

Coventry CV4 8JQ

) 02476 851509

8 www.ocr.org.uk

3. By holding certain professional

qualications given by one of the

following groups:

There a number of other qualications that

are acceptable as proof for professional

competence for the operation of PSVs– as

long as they have been obtained before 4

December 2011. You are likely to be exempt

from CPC examination if you have one of

these qualications listed below.

The bodies who provided the original

qualications may have provided qualied

persons with new certicates of Transport

Manager CPC exemption in late 2011. For

licences granted on or after 4 December 2011

an accompanying CPC exemption certicate

issued by the examination body will be

required to claim exemption from the Transport

Manager CPC examination. If you do not

have an exemption certicate, but believe you

qualify for one, please contact your examining

body listed below.

Take note: These qualications

remain valid as proof of

professional competence

but only for those who held

the qualication on or before the 4th

December 2011.

For national and international operations:

u Fellow (FCILT) or Chartered Member

(CMILT) of the Chartered Institute of

Logistics and Transport by examination

and/or formal accreditation in road

passenger transport, on production of

the exemption certicate issued by

the Institute;

u Member or Associate Member of the

Institute of Road Transport Engineers;

u holder of the Institute of Logistics and

Transport Certicate in Logistics and

Transport with an endorsement in road

passenger transport, on production of

the exemption certicate issued by the

Institute; or

u Associate of the Institute of Transport

Administration by examination.

For national operations only:

u holder of the Royal Society of Arts

Certicate in Road Passenger Transport.

This certicate exempts you from the CPC

only if it was obtained after May 1984.

u Member (MILT) of the Chartered

Institute of Logistics and Transport by

examination and/or formal accreditation

in road passenger transport, on

production of the exemption certicate

issued by the Institute;

u Associate of the Institute of Road

Transport Engineers (by examination); or

u holder of the Institute of Logistics and

Transport Certicate in Logistics and

ANNEX 5: TRANSPORT MANAGERS

Transport with an endorsement in

passenger transport coordination, on

production of the exemption certicate

issued by the Institute.

Validity of professional

competence in other EU

member states (passenger

transport)

If you need to prove your professional

competence in another EU country, you

will require an international qualication.

Depending on the type of qualication, you

may also need an additional certicate.

A RSA or OCR full professional competence

certicate, issued no earlier than March 1992

(whether it is national or international), is valid

in any EU country.

If you hold any other qualication, you will

also need to get a mutual recognition

certicate. This is available for a nominal fee.

For more information, contact VOSA’s Central

Licensing Ofce.

ANNEX 5: TRANSPORT MANAGERS

Rules for public service

vehicle operators and

their staff

This annex concerns all those who either hold

a PSV operator’s licence, or who are in the

process of applying for one, including persons

in partnership and those acting on behalf

of a company. It aims to summarise what

the relevant convictions are, and when they

should be reported.

Section 19 of the Public Passenger Vehicles

Act 1981 requires those who hold a PSV

operator’s licence to report certain convictions

of themselves and those who work for them

to the trafc commissioner. It places a similar

requirement on those who are applying for

a PSV operator’s licence. Convictions that

have to be notied are known as relevant

convictions.

In assessing whether an operator or applicant

meets the requirement to be of ‘good repute’,

the trafc commissioner shall take account of

any relevant evidence; and in particular must

consider relevant convictions. How much

weight the trafc commissioner gives to each

conviction will depend on the seriousness of

the offence, and the extent to which it reects

on the operator’s (or applicant’s) tness to

manage a passenger transport business.

You must inform the trafc commissioner of

all relevant convictions and relevant xed

penalty notices incurred by any relevant

person in connection with your application. A

relevant person means the person, persons

or company applying for the licence, and

any employees and agents of the applicant

or licence holder, the nominated transport

managers(s) and, where appropriate, ofcers

of the company,

Details of which convictions you need to

declare are given at below. These include

foreign convictions. If a conviction has been

imposed by a court outside Great Britain

(including a Northern Ireland court) it should

be notied.

Failure to provide information which

subsequently comes to the attention of

the trafc commissioner may lead to your

application being refused or, if the licence

has been granted, action being taken against

the licence. Such action may include the

revocation of the licence. This includes any

licence on which any relevant person in this

application is named.

Spent convictions

You do not have to declare convictions

which are “spent” under the Rehabilitation

of Offenders Act 1974. The table below

shows the rehabilitation period, at the end

of which convictions will become spent. The

rehabilitation period depends on the sentence

for the original offence and runs from the date

of conviction.

Annex 6:

Relevant convictions and penalties

ANNEX 6: RELEVANT CONVICTIONS AND PENALTIES

Sentence

Rehabilitation

period if over

18 at the time of

sentencing

Rehabilitation

period if under

18 at the time of

sentencing

A sentence of imprisonment or corrective

training for a term exceeding 2½ years or

preventative detention or detention during

Her Majesty’s pleasure or imprisonment or

detention for public protection

This will never

become “spent”

This will never

become “spent”

Imprisonment or youth custody for 6 months

to 2½ years

10 years 5 years

Imprisonment or youth custody up to 6

months

7 years 3½ years

Fine, community service/community

punishment order or compensation order

5 years 2½ years

Bind over, conditional discharge or

supervision order

One year, or when

the order ceases

to have effect,

whichever is later

One year, or when

the order ceases

to have effect,

whichever is later

Absolute discharge 6 months 6 months

Driving disqualication

Once the

disqualication

has ceased

Once the

disqualication

has ceased

A later conviction may affect the rehabilitation

period for an earlier conviction if it happens

before the rst period has run out.

If you are not sure whether your convictions

are “spent”, you should declare it and the

trafc commissioner will then consider each

case on its merits.

You must notify the trafc commissioner if any

of the following has been convicted of any of

the offences specied below:

u You as the applicant or licence holder

u Where the applicant or licence holder is a

partnership, any partner in that partnership

u The company and its ofcers, where the

applicant or licence holder is a company

u Any transport manager nominated in the

your application or named on your licence

u Any employee or agent of the applicant or

licence holder

Relevant convictions are offences in relation

to a public service vehicle or the operation of

a PSV:-

u under or by virtue of the Public

Passenger Vehicles Act 1981;

u under sections 5(1), 8(1), 11, 13, 16(1),

17(4) and 18(3) of the Road Trafc

Regulation Act 1984;

u under section 1(2) of the Sporting Events

(Control of Alcohol etc) Act 1985;

u under or by virtue of Parts I and II and

section 101 of the Transport Act 1985;

ANNEX 6: RELEVANT CONVICTIONS AND PENALTIES

u under or by virtue of Parts I, II, III, IV and

V and sections 164(6) and (9), 165(3)

and (6), 168, 170(7), 171(2), 172(3) and

(4), 173(1), 174(1) and (2) and (5) in Part

VII of the Road Trafc Act 1988;

u under section 91 of the Road Trafc

Offenders Act 1988;

u relating to-

(i) the speed at which vehicles may

be driven,

(ii) drivers’ hours or the keeping of

drivers’ records under by virtue of Part

VI of the Transport Act 1968,

(iii) new bus grants under section 32 of,

and Schedule 8 to, the Transport

Act 1968, grants towards bus fuel

duty under section 92 of the Finance

Act 1965,

(iv) a duty of excise imposed by or under

the Vehicles (Excise) Act 1971 or the

Vehicles Excise and Registration Act

1994, and

u under section 92 of the Licensing

(Scotland) Act 1976 and section 70 of the

Criminal Justice (Scotland) Act 1980;

or other offences under the law in force in

any part of Great Britain which are serious

offences or road transport offences.

A serious offence is an offence where one

or more of the following punishments have

been imposed:

u Imprisonment exceeding 3 months

u A ne exceeding level 4 on the

standard scale

u A community service order for more than

60 hours

u Any punishment outside the UK

corresponding to any of the above

u Any corresponding offence under the

law of a country or territory outside

the United Kingdom for which a

corresponding punishment was imposed.

A road transport offence is an offence under

the law of any part of the United Kingdom

relating to road transport including in particular

an offence relating to drivers’ hours of work,

rest periods the weights or dimensions of

commercial vehicles, road or vehicles safety or

the protection of the environment and

u Any other offence concerning

professional liability; or

u Any corresponding offence under the

law of a country or territory outside the

United Kingdom

u Any conviction or penalty for an offence

under UK law relating to road transport,

or any corresponding offence outside the

UK. In particular:

w Exceeding the maximum 6-day or

fortnightly driving time limits by

margins of 25 % or more.

w Exceeding, during a daily working

period, the maximum daily driving

time limit by a margin of 50 % or more

without taking a break or without an

uninterrupted rest period of at least

4.5 hours.

w Not having a tachograph and/or

speed limiter, or using a fraudulent

device able to modify the records

of the recording equipment and/or

the speed limiter or falsifying record

sheets or data downloaded from the

tachograph and/or the driver card.

w Driving without a valid roadworthiness

certicate if such a document is

required under Community law and/or

driving with a very serious deciency

of, inter alia, the braking system, the

steering linkages, the wheels/tyres,

the suspension or chassis that would

create such an immediate risk to road

safety that it leads to a decision to

immobilise the vehicle.

w Transporting dangerous goods that

are prohibited for transport or

transporting such goods in a

prohibited or non-approved means

of containment or without identifying

them on the vehicle as dangerous

ANNEX 6: RELEVANT CONVICTIONS AND PENALTIES

goods, thus endangering lives or the

environment to such extent that it

leads to a decision to immobilise

the vehicle.

w Carrying passengers or goods without

holding a valid driving licence or

carrying by an undertaking not holding

a valid Community licence.

w Driving with a driver card that has

been falsied, or with a card of

which the driver is not the holder,

or which has been obtained on the

basis of false declarations and/or

forged documents.

w Carrying goods exceeding the

maximum permissible laden mass

by 20 % or more for vehicles the

permissible laden weight of which

exceeds 12 tonnes, and by 25 % or

more for vehicles the permissible

laden weight of which does not

exceed 12 tonnes.

These details must be given on your

application form.

If any relevant convictions occur in the

period between the submission of your

application and a decision being made on

your application, you must inform the trafc

commissioner immediately

If you are the holder of a PSV operator’s

licence, you must continue to report relevant

convictions throughout the currency of the

licence as follows:

u those of yourself (or any company

holding the licence) within 28 days of the

conviction;

u those of the transport manager, if they

concern offences committed in the course

of your PSV business, within 28 days of

the conviction; and

u those of any other ofcer, employee or

agent, if they concern offences committed

in the course of your PSV business,

within 28 days of their coming to your

knowledge.

If you have any relevant convictions, you must

report them even if they occurred in the course

of a business other than the one for which you

hold or are seeking a licence. In the case of

your proposed transport manager you should,

on application if so requested, report all

relevant convictions, including those incurred

outside your own business. Thereafter

you need report only those incurred by the

transport manager in your business as a road

passenger transport operator.

You are not required to report convictions

incurred by your other employees outside your

passenger transport business (e.g. in previous

jobs, or in any different business). But you

should bear in mind that any misconduct by an

operator or employee may put the operator’s

good repute at risk, even if it does not amount

to a relevant conviction.

Take note: There is also a

separate requirement to report

convictions on an application

for a passenger-carrying vehicle

driver’s licence.

Partnerships and limited companies

or a limited company

When persons in partnership apply for, or

hold, a PSV operator’s licence, every one

of the partners and directors must meet the

requirement of ‘good repute’, so the relevant

convictions of each person must be notied as

if they were the operator.

ANNEX 6: RELEVANT CONVICTIONS AND PENALTIES

The trafc commissioner must be satised

that you have sufcient nancial resources to

maintain your vehicles and run your business.

This requirement is not reduced in the case

of contract or lease hire vehicles whose

maintenance is included in the hire charge.

The nancial standing requirement for operators

is a continuing and mandatory requirement that

must be kept up to date. Existing operators will

be liable to demonstrate that they have sufcient

nancial resources whenever their licences

are considered by or on behalf of a trafc

commissioner, either at the ve year review

stage or where a trafc commissioner considers

an operator’s licence for any other reason.

The trafc commissioner will assess the

evidence you send in against the current

nancial levels, which are based on the rate of

exchange for the Euro as at 1 October each

year and shall have effect from 1 January of

the following calendar year. As the rate may be

subject to change every year you should

contact VOSA to obtain the up to date

requirements. You should ensure that you

have sufcient nancial evidence to show

that you meet the current levels for the type

of licence and number of vehicles you are

applying to operate. If you are applying for a

margin for future expansion, you must ensure

that you can show access to sufcient funds

for all the vehicles you are applying for, not

just the ones you wish to operate straight away.

All applicants must provide nancial

evidence so the trafc commissioner can

assess this requirement, as follows.

Availability

The key test in demonstrating nancial

resources is whether the applicant or operator

has available capital and reserves of an

amount equal to the sum specied. “Available”

is dened as: “capable of being used, at one’s

disposal, within one’s reach, obtainable or

easy to get”. The three questions an operator

needs be able to answer are:

u how much money can the operator nd if

the need arises?

u how quickly can they nd it?

u and where will it come from?

Name(s) on nancial evidence supplied

All nancial documents should be in the

same name as the applicant or licence holder.

In the case of partnerships be in the same

name(s) as one or both of the applicants or

licence holders.

The trafc commissioner may allow documents

in a different name, but this must be supported

by a statutory declaration signed by the

person(s) holding the money showing that it

is available to other person(s). Evidence of

the availability of the funds belonging to the

person making the offer must be seen. (This

method of nancing could apply, for instance,

where a mother wishes to support a son, or if

a wife wants a joint account to be available for

her husband’s business, but is not generally

suitable for larger enterprises.)

In the case of a Limited Company and Limited

Liability Partnerships (LLPs) the funds must

be held within the company. The trafc

commissioner will consider the merits of

group and cross company guarantees and will

require evidence of the nancial standing of

the guarantor.

Bank statements

You should provide original bank or building

society statements for the past 28 days,

the last balance of which must not be more

than 2 months from the date of receipt of the

application. If original bank statements are not

available, for instance if you have an online

only account, then you may provide printouts

that have been signed and stamped by the

Annex 7:

Financial requirements

ANNEX 7: FINANCIAL REQUIREMENTS

bank as verication that they show a true

reection of your account. Any such printouts

must contain the account holder’s name and

account number, the name of the bank, and

all transactions taking place within the 28

day period.

Building society accounts will only be

acceptable if funds can be drawn down within

one month.

Unusually large deposits/withdrawals which

have inuenced the average balance might

lead to further enquiries and a request for an

explanation from the applicant/operator. The

trafc commissioner might ultimately decide to

discount these deposits/withdrawals from the

average balance.

Credit card accounts (in the same name as

the application or licence holder) must be

supported by original documents, as with bank

statements, to show that over the same 28 day

period the funds available meet the criteria.

Where a credit card account is the sole source

of evidence to prove the availability of nance

the trafc commissioners is entitled to ask

why there is no other evidence of banking

facilities available.

If the applicant has a new business and

thus does not have statements for the 28

day period, an opening balance meeting the

requirement, together with an explanation

regarding the source of funds, may be

accepted. However, should the licence be

granted, the operator may be required to

submit further nancial evidence within a

specied period after the date of grant (likely

to be 6 to 12 months).

Overdraft facility

The applicant or operator can supplement

the original or certied copies of any bank or

building society accounts statements by the

use of an overdraft or credit facility. That is an

overdraft at their disposal in the sense that

there is a balance undrawn before the limit is

reached. The facility must be demonstrated by

a formal written commitment by the bank, etc.

(An offer of such a facility will not sufce.)

The average balance shown in the statements

will be calculated, and added to any overdraft

or credit facility to show the amount of credit

that can be used as proof of nancial standing.

If the average balance is negative, this will be

subtracted from the overdraft limit to nd the

available nance.

Invoice Finance Agreement

An invoice nance agreement is acceptable,

but only if accompanied by:

u conrmation of available balances

not drawn down averaged over a

three month period.

u a copy of the signed agreement from the

nance company in which they agree to

retain the amount of money needed to

meet the denition of nancial standing.

u a completed schedule signed on behalf

of the nance company. This is available

to download at www.gov.uk/browse/

driving

If you are supplying an invoice nance

agreement you must still provide bank

statements as detailed above.

Audited accounts – limited

companies and Limited Liability

Partnerships

These must be certied by a properly qualied

person be drawn up clearly and give a

true and fair view of the company’s assets,

liabilities, nancial provision and prot or loss.

The items that must comprise the annual

accounts are:

u a balance sheet

u that the company is trading protably (on

the prot and loss sheet)

u notes on the account

u a positive ratio of more than 1.0 (when

dividing total assets by total liabilities)

u a positive ratio of more than 0.5 (when

dividing current assets by current liabilities)

ANNEX 7: FINANCIAL REQUIREMENTS

The latest audited annual accounts (in

respect of the nancial year end, to a date

not more than 18 months prior to the date

of application) can be used as a substitute

for bank statements, generally only where

the entity is an established and substantial

limited company/plc with a turnover of more

than £5.6m (subject to statutory uprating).

Smaller businesses, however, might seek to

use annual accounts as additional evidence in

answering the three key tests on availability.

Draft annual accounts to a date not more than

12 months prior to the date of application/

licence check may be sufcient but will be

referred to the trafc commissioner who may

require further evidence.

Annual nancial accounts can be a very

useful cross check on an operator’s nancial

health. If audited, they should give an accurate

(though historic) ‘snapshot’. Businesses with

a turnover of less than £5.6m are not required

to have their accounts audited Operators,

however, with a turnover of more than £1m are

advised that your accounts should be prepared

by a chartered or certied accountant.

Company law allows unaudited nancial

accounts for businesses with a turnover below

£5.6m but the trafc commissioner may not

place as much weight on unaudited accounts

as those which are independently certied.

Where any accounts are relied upon it is open

to the trafc commissioner to seek a further

check of nances either by way of a condition

upon grant or an undertaking.

It is open to the trafc commissioner to

consider nancial accounts for all other

types of business (i.e. not companies)

whether audited or not. This might highlight

any insolvent trading positions or unpaid

taxes such as PAYE/NI/VAT etc. and may

indicate cash ow problems. Where accounts

contradict the impression given by the bank

statements the trafc commissioner might ask

for further enquiries to be made.

Standard Licence applicants only

In addition to the types of nancial evidence

shown earlier, the trafc commissioner may

agree that an operator can demonstrate its

nancial standing by means of a certicate

such as a bank guarantee or insurance,

including professional liability insurance

from one or more banks or other nancial

institutions, including insurance companies,

providing a joint and several guarantee for

the operator in respect of the amounts

specied above.

The evidence must be those of the economic

entity (applicant/operator) established in

Great Britain where an authorisation has been

applied for and not those of any other entity

established in any other country or European

Union Member State.

ANNEX 7: FINANCIAL REQUIREMENTS

VOSA attaches great importance to proper

maintenance, and has produced a guide

entitled Guide to Maintaining Roadworthiness:

Commercial Goods and Passenger Carrying

Vehicles jointly with the Confederation of

Passenger Transport, Freight Transport

Association and Road Haulage Association.

The guide can be downloaded from the

website at www.gov.uk/browse/driving

A summary of the guide is reproduced below.

Summary of Guide

to Maintaining

Roadworthiness:

Commercial Goods and

Passenger Carrying Vehicles

1. A daily walkaround check must be

undertaken by a responsible person

before a vehicle is used.

2. First-use inspections are essential

for operators who lease, hire or borrow

vehicles, including trailers, from other

people. Inspections wherever vehicles and

trailers have been off the road for some

time are essential.

3. Drivers must be able to report promptly

any defects or symptoms of defects that

could adversely affect the safe operation

of vehicles. Reports must be made in

writing and provision should be made

to record details of any rectication

work done.

4. Drivers’ defect reports that record any

faults must be kept for at least 15 months.

5. Operators must ensure that checks

are made regularly of items that affect

roadworthiness.

6. Safety inspections must include those

items covered by the appropriate

Department for Transport annual test.

7. Safety inspections should be pre-planned

preferably using a time-based programme.

8. The system of safety inspections must

be regularly monitored particularly in the

early stages.

9. Any remedial work carried out arising from

safety inspections must be the subject of

a written record.

10. The safety inspection report must include:

u vehicle details;

u a list of all items to be inspected;

Annex 8:

Maintenance arrangements

ANNEX 8: MAINTENANCE ARRANGEMENTS

u when and by whom the inspections are

carried out;

u the result of the inspection;

u details of any rectication work; and

u a declaration that defects have been

rectied satisfactorily.

11. On some types of vehicle and operations,

intermediate safety checks may be

necessary.

12. Records of safety inspections must be

kept for at least 15 months.

13. Staff carrying out safety inspections must

be competent to assess the signicance

of defects. Assistance must be available to

operate the vehicle controls as necessary.

14. There must be a system to ensure that

unroadworthy vehicles are removed

from service.

15. Operators who undertake their own safety

inspections must have adequate facilities

and tools available. They must be

appropriate to the size of eet and type of

vehicle operated.

16. Operators should have access to a

means of measuring brake efciency,

setting headlamp aim and measuring

exhaust emissions.

17. An operator is responsible for the

condition of vehicles inspected and/or

maintained by their agents, contractors or

hire companies (this includes trailers).

18. Operators who contract out their safety

inspections must draw up, and have

approved, a formal written contract with

an inspection agency or garage. Such

operators must have a means of regularly

monitoring the quality of work produced

for them.

19. The dates when safety inspections are due

must be the subject of forward planning.

20. A maintenance planner or wall chart

should be used to identify dates at least

six months in advance of when safety

inspections are due.

21. Any system of maintaining roadworthiness

must be effectively and continually monitored.

22. Any change by licensed operators to

arrangements for safety inspections must

be notied to VOSA without delay.

23. Drivers must be given clear written

instructions about their responsibilities.

ANNEX 8: MAINTENANCE ARRANGEMENTS

The table below provides a summary of

best practice advice on the procedures and

systems to put in place in order to comply

with the law.

As an operator, it is your responsibility to put

proper arrangements in place to make sure

that, where relevant, each vehicle and driver

complies with all the items listed below.

We recommend that each item in the list has

a related procedure for checking the standard

of compliance and a system for immediately

acting on any non-compliance.

It is important to have a system for immediate

action so that the situation can be corrected,

procedures can be introduced for training, and

control measures can be introduced to prevent

non-compliance happening again. You must

make sure that vehicles are operated as safely

as possible. There is little point in having a

good monitoring system in place if faults and

bad behaviour (minor or serious) are seen and

acknowledged but just allowed to continue.

All monitoring systems should make sure that

you or the responsible manager are aware

of all critical dates for mandatory and safety

checks on vehicles and components.

Annex 9:

Monitoring procedures and systems

Items to be Monitored Action or information available

Tachographs

When installed and when last calibrated,

check for malfunction or repairs needed.

Speed limiters When tted or repaired, check for malfunction

Record keeping

Issue, return, check/analyse, store/

le tachograph charts or manual record

books and/or duty rosters and timetables.

Download, store and analyse digital data from

driver smart cards and digital tachographs.

Ensure that adequate numbers of company

cards are available to manage and download

data on digital tachographs.

Drivers

Check driving licence, Driver Certicate of

Professional Competence, driver smart cards,

training, scheduling of duties and rotas, hours

of work, record keeping and control measures

around non-compliance.

COIF, Testing

Check dates and details of MOTs, accuracy

of vehicle approval information and storage

of current certicates.

Insurance

Check extent and relevance of cover, and

check dates of expiry for each vehicle.

Vehicle Excise Duty

Check correct duty paid and Vehicle Excise

Licence clearly displayed on each vehicle.

Check Reduced Pollution Certicates.

Carrying passengers

Check that you comply with vehicle weight

limits. Ensure vehicle specication safely

meets passenger safety needs (e.g. Disability

Discrimination Act or other requirements).

ANNEX 9: MONITORING PROCEDURES AND SYSTEMS

Operator licensing (authorisation

and discs)

Update authorisation and specication of

current vehicles. Monitor PSV licence discs

on vehicles in service or being used to carry

passengers. Check that all sub-contracted

operators hold an operator’s licence.

Vehicle condition and

maintenance records

Complete records of safety maintenance

inspections and repairs should be retained

to demonstrate that the vehicles have been

kept in a roadworthy condition. This is

equally important when the maintenance is

contracted out.

ANNEX 9: MONITORING PROCEDURES AND SYSTEMS

A local service is one where passengers are

carried at separate fares over short distances.

The route can be of any overall length, as long

as throughout its length passengers can get

off within 15 miles (24.15 km) (measured in a

straight line) of the place at which they were

picked up.

Separate fares

A separate fare is where each passenger

makes a separate payment to the driver,

conductor or an agent to use the service.

The passengers may pay as they get on the

bus, or they may buy tickets in advance, have

season tickets or use concessionary passes.

Payment can also be by some indirect means,

e.g. a concert ticket that includes travel.

Registrations

A registration is a notice of the local bus

service you want to operate. To register a

service outside London you must give the

trafc commissioner a full description of the

service you will be running. The following

groups can register local bus services:

u anyone who holds a valid PSV operator’s

licence (provided there are no restrictions

placed upon it);

u holders of community bus permits can

u local education authorities can register

a school bus service provided by their

own vehicles;

u licensed taxi or private hire operators

who hold a special restricted PSV

operator’s licence.

Further advice on eligibility and how to register

bus services can be found in the guidebook

PSV 353A for England and Wales and PSV

353A (Scotland) for Scotland entitled Local

Bus Service Registration. Contact VOSA for

further advice.

Standards for local bus services

It should be the overriding aim of operators to

run their registered services to their published

times. The trafc commissioners are the

regulators of local bus services in their areas

and have the power to take action against

operators who fail to run their services in

accordance with the registered particulars.

These powers can include the imposition

of nancial penalties, removing existing

registrations or preventing operators from

registering new services. As the impact of this

type of action could signicantly affect their

business, operators are advised to ensure that

service reliability is given equal importance

to other aspects of their operation. Operators

should audit their own performance against

schedules and service reliability issues should

be reported on at board meetings.

Trafc commissioners have set a target

whereby 95% of services should depart from

stated timing points within the bracket of up to

one minute early and up to ve minutes late.

Trafc commissioners expect 95% of services

to arrive at the nal destination point no more

than ve minutes late.

While accepting that there will be short-term

difculties that may cause delays, trafc

commissioners believe that operators must

construct their timetables to take account of

known peaks of congestion and other factors.

An operator will always have the opportunity

to persuade a trafc commissioner that there

was a ‘reasonable excuse’ for a bus failing to

run to its registered timetable but the trafc

commissioner will be particularly interested

in patterns of timekeeping and whether the

operator has taken all reasonable steps to

ensure that buses run to their published times.

Annex 10:

Running local bus services

ANNEX 10: RUNNING LOCAL BUS SERVICES

Extra authorisation needed

for international journeys

within the EU

PSV operators authorised for international

operations must have a Community licence

to operate in any other EU Member State

(in addition to a restricted or standard

international operator’s licence).

Trafc commissioners issue Community

licences automatically and free of charge to

all PSV operators who are granted a standard

international operator’s licence. Operators

need to notify the trafc commissioner of the

number of copies they require.

Holders of a restricted licence authorising

the use of vehicles adapted to carry nine to

sixteen passengers should notify the trafc

commissioner should they intend to operate

abroad so that the Community licence can

be issued.

Community licences are not required for vehicles

adapted to carry eight or fewer passengers.

The licences are operator specic and

consist of:-

u The original document, which must be

kept in the operator’s main ofce so

that it can be inspected by enforcement

authorities.

u Certied copies of the Community

licence. These are not vehicle specic,

but operators must make sure that each

vehicle keeps one of these copies at

all times on international journeys. It is

an offence not to do so. Enforcement

agencies throughout the EU expect

drivers to produce the document at any

time during an international journey.

Validity

Community licences are issued for ve year

periods. Their expiry date is the same as

the next ve-year continuation date of the

operator’s licence.

Please note that if a trafc commissioner

is considering revoking (cancelling) an

international licence, they will also consider

withdrawing the Community licence.

Lost, damaged, stolen or terminated

documents

If your Community licence documents are

lost, damaged or stolen, you should contact

VOSA’s Central Licensing Ofce.

If your licence is surrendered or terminated

in any way, you must return the Community

licence documents to VOSA’s Central Licensing

Ofce (see Annex 14 for contact details).

Annex 11:

Community Licences Authorisations

ANNEX 11: COMMUNITY LICENCES AUTHORISATIONS

1. Warrants are issued by the Secretary of

State for Transport to:

u Trafc Examiners (TEs) who tend to

concentrate on driver documentation

such as tachograph charts, driver’s

and operator’s licences or other vehicle

documentation such as plating and

testing or insurance certicates; and

u Vehicle Examiners (VEs) who primarily

concentrate on vehicle condition, inspection

systems and maintenance records.

2. The warrant authorises an Examiner to:

u inspect any goods or passenger carrying

vehicle and, for that purpose, detain the

vehicle for as long as it takes to carry out

the inspection. An Examiner may issue a

prohibition notice to a defective vehicle

which will be in accordance with VOSA’s

published Categorisation of Defects;

u prohibit a vehicle if the driver has

contravened drivers’ hours or record

keeping regulations, incorrect driving

licence for the vehicle being driven;

u ask the driver to divert up to ve miles

and to direct the vehicle to a suitable

place of inspection or weighing;

u in certain circumstances (i.e. when a

vehicle is being used by a known

unlicensed operator), conscate and

impound the vehicle and its load;

u at any time that is reasonable given the

circumstances, enter any premises on

which the Examiner has reason to believe

that a goods or public service vehicle is

kept and inspect that vehicle;

u investigate an operator’s vehicle

inspection and maintenance system,

including the engineering facilities and

vehicle maintenance records;

inspect tachograph charts, drivers’

records such as driver’s licences and

drivers’ hours related documents (e.g.

payment records), and remove those

items where an offence is suspected;

u instigate, on behalf of VOSA and the

Secretary of State for Transport,

prosecution proceedings in a magistrates’

court; and

u issue drivers with the offer of a xed

penalty for certain offences.

Annex 12:

VOSA Examiners (authorisation and powers)

ANNEX 12: VOSA EXAMINERS (AUTHORISATION AND POWERS

These Acts (and their corresponding

regulations) should be read in conjunction

with one another. The 1981 Act is the primary

legislation for PSV operator licensing, but it

has been amended by several sections of

subsequent Acts:

u Public Passenger Vehicles Act 1981

u Transport Act 1985

u Transport Act 2000

u Transport (Scotland) Act 2001

u Disability Discrimination Act 1995

u Deregulation and Contracting Out Act 1994

u Local Transport Act 2008.

The relevant legislation may be found at

www.legislation.gov.uk

Guides and leaets

You can obtain the following from VOSA:

u The Safe Operator’s Guide

This summarises best practice on safety

procedures and monitoring procedures to

help with compliance with licensing

regulations and various aspects of

employees’ duties such as driving

and loading.

u Guide to Maintaining Roadworthiness

Explains the responsibilities and systems

involved in maintaining vehicles in a safe

and roadworthy condition.

u Rules on Drivers’ Hours and

Tachographs: Passenger Carrying

Vehicles in GB and Europe

Explains the drivers’ hours rules and the

keeping of records for both drivers and

operators.

u Guidance for operators of

stretched limousines

Provides general guidance for owners

and operators of stretched limousines

and ‘novelty’ vehicles.

u A Guide to Local Bus Service

Registration – PSV 353A

Provides general guidance on operating

local bus services

u A Guide to Flexible Local Bus

Service Registrations.

Provides general guidance on operating

exible bus services

u PSV 385 Passenger Transport

Provided Under Section 19 or Section

22 Permits

Provides general guidance for not-for-

prot and voluntary organisations that

provide passenger transport

u Goods Vehicle Operator Licensing:

Guide for Operators

Provides general guidance to both new

and experienced operators. The guide

explains the Goods Vehicle operator

licensing system, including how to apply

for a licence and how to minimise the

risk of losing your licence, once it has

been granted.

PSV operator licensing forms

u PSV 356: Application for a special restricted

PSV operator’s licence (fee payable with

application).

u PSV 421: Application form for standard or

restricted operator’s licence (fee payable

with application).

u PSV 430: Form to notify details of

vehicles to be used under the licence

(should it be granted) and any

subsequent changes to vehicles used

under the licence

u PSV 431: Application for chargeable

variations to a PSV operator’s licence.

u PSV 431A: Application for non

chargeable variations to a PSV

operator’s licence.

Annex 13:

Legislation and other useful information

ANNEX 13: LEGISLATION AND OTHER USEFUL INFORMATION

u PSV451: Application for duplicate licence

documentation (licence, disc, community

authorisation) in the event the original

is lost.

u TM1: Application to add a transport

manager to a licence

u COA: Notication of change of address

and/or address of establishment

u SUR1: Application to surrender a licence

ANNEX 13: LEGISLATION AND OTHER USEFUL INFORMATION

All correspondence relating to operator licensing and permits should be addressed to:

* Central Licensing Ofce

Hillcrest House

386 Harehills Lane

Leeds, LS9 6NF

) 0300 123 9000

7 [email protected].uk

The table below shows the coverage of the different trafc areas and the addresses for the local

Ofce of the Trafc Commissioner. Only correspondence relating to public inquiries should be

sent to the local Ofce of the Trafc Commissioner.

Trafc Areas

Trafc Area Responsible for

North Eastern

Hillcrest House

386 Harehills Lane

Leeds

LS9 6NF

The metropolitan boroughs within:

u South Yorkshire

u Tyne and Wear

u West Yorkshire

The counties of:

u Durham

u Northumberland

u North Yorkshire

u Nottinghamshire

The districts of:

u Darlington

u East Riding of Yorkshire

u Hartlepool

u Kingston-upon-Hull

u Middlesbrough

u North East Lincolnshire

u North Lincolnshire

u Nottingham

u Redcar and Cleveland

u Stockton-on-Tees

u York

Annex 14:

Useful contacts

ANNEX 14: USEFUL CONTACTS

Trafc Area Responsible for

North Western

Suites 4–6

Stone Cross Place

Stone Cross Lane North

Golborne

Warrington

WA3 2SH

The metropolitan boroughs within:

u Greater Manchester

u Merseyside

The counties of:

u Cheshire

u Cumbria

u Derbyshire

u Lancashire

The districts of:

u Blackburn with Darwen

u Blackpool

u Derby City

u Halton

u Warrington

Eastern

City House

126–130 Hills Road

Cambridge

CB2 1NP

The counties of:

u Bedfordshire

u Buckinghamshire

u Cambridgeshire

u Essex

u Hertfordshire

u Leicestershire

u Lincolnshire

(except the Districts of North Lincolnshire

and North East Lincolnshire)

u Norfolk

u Northamptonshire

u Suffolk

The districts of:

u Leicester

u Luton

u Milton Keynes

u Peterborough

u Rutland

u Southend-on-Sea

u Thurrock

Welsh (Cymru)

38 George Road

Edgbaston

Birmingham B15 1PL

u Wales (Cymru)

ANNEX 14: USEFUL CONTACTS

Trafc Area Responsible for

West Midland

38 George Road

Edgbaston

Birmingham

B15 1PL

The metropolitan boroughs within the

West Midlands.

The counties of:

u Shropshire

u Staffordshire

u Warwickshire

u Worcestershire

The districts of:

u Herefordshire

u Stoke-on-Trent

u Telford and Wrekin

Western

Jubilee House

Croydon Street

Bristol

BS5 0DA

The counties of:

u Cornwall

u Devon

u Dorset

u Gloucestershire

u Hampshire

u Oxfordshire

u Somerset

u Wiltshire

The districts of:

u Bath and North East Somerset

u Bournemouth

u Bracknell Forest

u Bristol

u Isle of Wight

u North Somerset

u Plymouth

u Poole

u Portsmouth

u Reading

u Slough

u Southampton

u South Gloucestershire

u Swindon

u Torbay

u West Berkshire

u Windsor and Maidenhead

u Wokingham

ANNEX 14: USEFUL CONTACTS

Trafc Area Responsible for

South Eastern

and Metropolitan

Ivy House

3 Ivy Terrace

Eastbourne

BN21 4QT

u Greater London

The counties of:

u Kent

u Surrey

u East Sussex

u West Sussex

The districts of:

u Brighton and Hove

u the Medway Towns.

Scottish

Level 6

The Stamp Ofce

Waterloo Place

Edinburgh EH1 3EG

Scotland

u Scotland

Other useful contact details

VOSA

* Berkeley House

Croydon Street

Bristol

BS5 0DA

) 0300 123 9000

8 www.dft.gov.uk/vosa

7 [email protected].uk

For details of VOSA Enforcement Ofces,

see www.dft.gov.uk/vosa

ANNEX 14: USEFUL CONTACTS

Other useful contact details (continued)

Administrative Appeals

Chamber of the Upper

Tribunal Trafc

Commissioner Appeals

* 7th Floor Victory House

30–34 Kingsway

London

WC2B 6EX

) 0203 077 5860

7 020 3077 5836

8 www.gov.uk/trafc-commissioner

7 [email protected].uk

Confederation of

Passenger Transport

* Drury House

34–43 Russell Street

London WC2B 5HA

) 020 7240 3131

7 020 7240 6565

Bus Service Operator’s Grant

* F14 Ashdown House

(BSOG) Sedlescombe Road North

St Leonards-on-Sea

East Sussex TN37 7GA

) 020 7944 8588

7 [email protected].uk

Freight Transport Association

* St John’s Road

Tunbridge Wells

Kent TN4 9UZ

) 01892 526171

7 01892 534989

ANNEX 14: USEFUL CONTACTS

VOSA/2262/S&C/FEB 12

*Calls provided by BT are charged at a low rate. Charges from other providers may vary.

Visit our websites:

for commercial customers and private motorists

www.gov.uk

for corporate information

www.dft.gov.uk/vosa

E-mail

[email protected].uk

National Number

0300 123 9000*

Monday to Friday - 7.30am until 6.00pm

(normal working hours)