Transport Act 1985

23 Further provision with respect to community bus permits. E+W+S

(1) The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit.

(2) Those requirements are that—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the driver either holds [F2 a passenger-carrying vehicle driver’s licence [F3 or PCV Community licence]] (within the meaning of Part IV of the Road Traffic Act 1988) [F4 or] a public service vehicle driver’s licence [F3 or PCV Community licence] or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and

(c) any vehicle used under the permit fulfils any prescribed conditions of fitness for such use.

(3) A traffic commissioner may at any time attach to a community bus permit F5 ... such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit.

(4) [F6 A traffic commissioner may at any time while a community bus permit] is in force vary or remove any condition attached to it under subsection (3) above.

(5) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) [F7 A traffic commissioner may at any time revoke a community bus permit] on the ground—

(a) that he is [F8 not satisfied] with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit;

(b) that there has been a contravention of any condition attached to the permit; or

(c) that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit F9 ....

[F10 (6A) A community bus permit shall remain in force until—

(a) it is revoked under subsection (6) above, or

(b) it ceases to have effect under subsection (6B) or (6C) below.

(6B) A community bus permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body.

(6C) A community bus permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date.]

(7) Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations.

(8) Regulations may prescribe—

(a) the form of community bus permits; and

(b) the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried.

[F11 (9) See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years).]

Textual Amendments

F1 S. 23(2)(a) repealed (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 59(4), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1

F2 Words from “a passenger-carrying” to “1988) or” inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 5

F3 Words in s. 23(2)(b) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, regs. 1(2)(a)(iii)(b), 4, Sch. 3 para. 2

F4 Words “or a public service vehicle driver's licence” repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6

F5 Words in s. 23(3) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F6 Words in s. 23(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F7 Words in s. 23(6) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F8 Words in s. 23(6)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F9 Words in s. 23(6)(c) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F10 S. 23(6A)-(6C) inserted (1.10.2019) by The Transport Act 1985 (Amendment) Regulations 2019 (S.I. 2019/572), regs. 1(b), 2(6)

F11 S. 23(9) inserted (6.4.2009) by Local Transport Act 2008 (c. 26), ss. 59(5), 134(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1