Who can apply for a section 19 permit?
Any organisation operating without a view to profit, concerned with:
What is meant by operating without a view to profit?
Those applying for a section 19 permit must satisfy the issuing body that the transport services are not run with a view to profit, nor incidentally to an activity which is itself carried on with a view to profit.
Organisations that are registered as charities usually qualify. However, a business, which makes, or seeks to make, a profit would not normally qualify, regardless of how it uses any profits or income surplus.
You should read the PSV_Operator_Licensing_Guide.pdf if your organisation is a business carried on with a view to profit and it operates vehicles for hire or reward, as an operator’s licence is likely to be required.
For more detailed information about what constitutes operating without a view to profit refer to the ‘Definitions’ under Section 19 and 22 Permits and Obligations: not for profit passenger transport.
You may be operating in breach of the laws governing PSV operator licensing if you are using a vehicle under a permit with a view to profit, and could be liable to prosecution and have your vehicle impounded. DVSA take any breach of this legal requirement seriously, and any suspected breach should be reported to the DVSA customer service centre.
Applying for a permit
Application forms for standard permits are available from:
Read the guidance on completing a section 19 application.
Local authorities are also designated bodies and may issue permits to their own departments and to:
You need to send your completed application form to the organisation you got it from.
Applications for a large bus permit are available from:
Application fees
There is a fee payable with the application. See the table of fees for applying for a section 19 standard or large bus permit.
How many permits can I apply for?
You can apply for as many permits as you need. You need a permit for every vehicle that you will operating at any one time. Each vehicle must display the disc that relates to the permit in the windscreen. For example, if you want to operate 3 vehicles at the same time, you must have 3 permits. You can apply for more than one permit on an application form. You can apply for more permits at any time, if your needs change and you want to operate more vehicles.
Before you submit your application, you should check what the fee would be with DVSA, or the designated body to which you are submitting your application. With DVSA, the fee is based on the number of permits you apply for.
Standard permits
A standard permit is normally issued to a specific group (eg a scout group). A permit may be issued to a named individual on behalf of a body, which he or she represents if it seems to the issuing body to be appropriate. This might be appropriate with an informal group, which has no separate legal entity, such as a local swimming group. Such an application will need to be supported with the following information:
A permit granted to an individual is treated as having been granted to the body, which that person represents.
Large bus permits
Permits for large buses can only be issued by the traffic commissioner to a body, which assists, and co-ordinates the activities of bodies concerned with:
Before granting the application the traffic commissioner will need to be satisfied that you have adequate maintenance facilities to keep your vehicle in a roadworthy condition at all times. The vehicle will also need an appropriate certificate to show that is has been built or adapted to PSV standards. This may be a Certificate of Initial Fitness (COIF) or a Certificate of Conformity (CoC). You must ensure that any large bus you use under your permit has been issued with a COIF or a CoC, whether you purchase the vehicle or hire it in.
Further information
A Certificate of Initial Fitness is a certificate that confirms that a vehicle has been built or adapted to meet the requirements of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981. It is issued by a DVSA certifying officer when the vehicle meets all the relevant PSV requirements.
A Certificate of Conformity is for vehicles covered by a Type Approval Certificate. Type approval is the approval of mass-produced vehicles and components and the certificate sets the specification of a vehicle or vehicle component.
The vehicle approval process is changing and COIFs and CoCs are to be replaced by certificates issued under the Road Vehicles (Approval) Regulations 2009. These certificates are for vehicles, which meet standards set out in European Whole Vehicle Type Approval (ECWVTA) or the New National Scheme (NNS). COIFs and CoCs will continue to be the valid certificate for older vehicles. You should check to see whether your vehicle has been approved under either ECWVTA or NNS, if your vehicle has not be issued with either of the above, as it does require a certificate. For further information, please contact DVSA.
Grant of your application
You will receive a permit, which will have a unique serial number and a corresponding disc with the same number, if your application is granted. You should remove the disc and place it in the windscreen of the vehicle to be used. It must be fixed to the inside of the windscreen so that it can be easily seen from outside the vehicle but does not obstruct the driver’s view.
You may be issued with more than one permit and each permit will have a corresponding disc. The permits and discs are not vehicle specific and you may therefore move a disc from one vehicle to another. Each vehicle must display a valid disc when it is being used under the section 19-permit system. You cannot use more than one vehicle at any time under the same permit.
Standard permits authorise the use of vehicles adapted to carry not more than 16 passengers. They cannot be used in larger vehicles. Large bus permits authorise the use of vehicles adapted to carry 17 or more passengers. They cannot be used in smaller vehicles.
For each vehicle used under a permit, the corresponding disc must be displayed in the windscreen.
Validity period
Permits and discs granted on or after 6 April 2009 will have an expiry date and will be valid for a maximum of 5 years. Permits and discs granted before 6 April 2009 do not have an expiry date and will remain in force until further notice.
Conditions and revocation
Permits may be revoked (taken away), new conditions may be attached and existing conditions varied at any time by the body that issued it or by a traffic commissioner. The traffic commissioner must first consult that body before varying or revoking a permit, if a permit was issued by a designated body.
Permits cease to be valid if the designated body that issued them ceases to be designated. In that case the permit holders should apply to the traffic commissioner or, where appropriate, another designated body, for a permit. A charge may be payable in these circumstances.
Where a designated body has issued a permit to a member group and that group subsequently ceases to be a member, the designated body should exercise its powers to revoke the permit. The group will then need to submit an application for a new permit to the traffic commissioner for consideration, should they wish to continue to operate vehicles.
A permit, which has been revoked or is no longer valid, must be returned to the body which issued it or, where that body is no longer a designated body, to the Central Licensing Office in Leeds.
Who can be carried on the vehicle?
A vehicle being used under a section 19 permit must not be used to carry members of the public. Each section 19 permit, and corresponding disc, will indicate the particular classes of persons who can be carried. Each permit and disc will specify one or more of the following classes of person:
Class A – members of the body holding the permit.
Class B – persons whom the body exists to benefit, and persons assisting them.
Class C – disabled persons (as defined in the Disability Discrimination Act 1995) or persons who are seriously ill and persons assisting them.
Class D – pupils or students of any school, college, university or other educational establishment and staff or other helpers accompanying them.
Class E – persons living within a geographically defined local community, or group of communities, whose public transport needs are not met other than by virtue of services provided by the body holding the permit.
Class F – any other classes of persons specified in the permit.
For example, a permit issued to a scout group might indicate that only members of the scout group and persons assisting or supervising them can be carried. In that case, the vehicle could not be used under the permit to carry persons who had no association with the scout group. Alternatively, such a permit may state that vehicles used under the permit may carry members of a Girl Guide group, as well as the scout group.
You will need to supply further information with your application if your organisation wishes to have a permit permitting the carriage of persons in Class E or Class F. For Class E you should clearly state what the local community is – for example it may be residents of a village or group of villages, or other isolated rural communities. Failure to supply enough information may lead to a delay in processing your application or even its refusal.
Section 19 permits and isolated communities
DVSA consider that a service is not being provided for the ‘general public’ if two key conditions are met.
First, where a permit authorises the carriage of persons in Class E, the permit will specify the geographically defined local community, or group of communities, in question. The legislation is not specific about the size of area that may be specified, but any such area must be clearly local in nature. This will need to be considered on a case-by-case basis, but in general an area encompassing a group of neighbouring villages is likely to be ‘local’ in nature, while an area covering a number of towns is unlikely to be.
Secondly, people are only eligible under Class E if their public transport needs would not be met other than by the services provided by the permit-holder. An example might be that of a large retail park in a town at which a number of people living in outlying villages are employed. If there’s no public transport which employees could use to get to the retail park for, say, 8 o’clock in the morning and back again at 7 o’clock in the evening, a body may be formed by the employees (not by the businesses on their behalf) to provide appropriate transport under a section 19 permit, under Class E. The Class E entitlement would only fall if public transport, which would meet the needs of those employees, were to be provided. So, if a new bus service was introduced providing services from the villages to a local market town twice a week, DVSA’s view is that it would not affect the services operated under the permit because those services would not meet the public transport needs of the employees at the retail park. But if a daily bus service were to be introduced, serving all the places served by the permit holder from 6 o’clock in the morning until 9 o’ clock at night, then our view is that the permit could no longer continue to be used under Class E for that particular group of people.
It is the responsibility of the holder of a Class E permit to make arrangements to ensure that passengers genuinely fall within Class E – perhaps via a signed application or a membership scheme. When granting a permit to carry passengers in Class E, the traffic commissioner or designated body will need to be satisfied that the applicant has suitable arrangements in place.
Changes to the permit
A permit may not be varied to substitute another body for the body to which it was granted. This means that if your organisation changes its name or entity you should apply for a new permit to reflect the change. The existing permit and disc will need to be surrendered either to the designated body that issued it or to the traffic commissioner.
A permit is not transferable to another organisation. You are only allowed to carry the class of passenger stated in your permit. You will need to apply for a new permit if your permit was issued by a traffic commissioner and you want to add another class of passenger. The new permit will have an expiry date, which will be no later than five years from the date of issue. You should return the existing permit to the traffic commissioner if you no longer require it. No refunds will be issued. You should contact the designated body for advice on how to make changes, if your permit was issued by that body.
What you can charge passengers
You can set fares or contributions at a level to recover the costs of running the vehicle, including an allowance for vehicle depreciation and drivers’ wages. However, fares must not be set at a level, which would produce a regular surplus of income over expenditure because that would be a profit-making operation and would not be eligible under the section 19-permit scheme. In this case, you would be likely to need a PSV operator’s licence.
Passengers in wheelchairs and disabled persons
Your vehicle may be adapted to carry passengers in wheelchairs. Wheelchairs should be securely positioned so as not to cause danger to the wheelchair user or other passengers.
Equipment such as ramps and lifts should be used in a safe manner and regularly checked to ensure that they are in good working order. Staff should be trained to use the equipment.
Further reading
You are advised to read the Department for Transport’s Code of Practice The Safety of Passengers in Wheelchairs on Buses which can be obtained from the Department for Transport (0300 330 3000).
VEHICLES USED UNDER A PERMIT
Vehicle Size
Standard permits authorise the use of vehicles adapted to carry not more than 16 passengers (excluding the driver). Where small vehicles (8 or fewer passenger seats) are used, the passengers must be carried at separate fares. A definition of separate fares can be found in the ‘Definitions’ section above. Please also refer to Annex 6 for examples.
Large bus permits authorise the use of vehicles adapted to carry 17 or more passengers.
They cannot be used in smaller vehicles.
You must charge separate fares if you use a small vehicle ie it carries 8 or fewer passengers.
Vehicle testing
Vehicles that can carry 8 or fewer passengers are first tested at the third anniversary from registration and then annually thereafter. These are Class IV vehicles and may be tested at MOT testing stations that are authorised to test such vehicles. All other permit vehicles must be tested annually from the date of registration.
Vehicles adapted to carry 9 to 12 seated passengers are Class IV vehicles and may be tested at those MOT testing stations, which are authorised to test such vehicles.
Vehicles adapted to carry 13 to 16 seated passengers are Class V vehicles and must be tested at approved HGV/LGV testing stations or specially designated MOT testing stations authorised to test such vehicles.
Large buses adapted to carry 17 or more passengers must comply with the Class VI test. They must be tested at approved HGV/LGV testing stations or authorised sites, where they are tested by DVSA Vehicle Examiners.
Find your nearest Authorised Testing Facility (ATF) or DVSA test station.
Additional requirements
Large buses used under a section 19 permit must have a Certificate of Initial Fitness (COIF) (or equivalent) certifying that it complied with current PSV conditions of fitness when manufactured, or Certificate of Conformity, or certificate issued under the Road Vehicles (Approval) Regulations 2009. If you buy or hire in a large bus you should check that it has been issued with one of these certificates. You may be committing a criminal offence if you operate a large bus under a section 19 permit without the appropriate certificate.
SEATBELTS
Installation
Minibuses, coaches and buses first used on or after 1 October 2001 must have seatbelts fitted in all forward and rear facing seats, including the driver’s seat.
Coaches and minibuses first used prior to 1 October 2001 which are used to carry children aged 3 to 15 years on organised trips must provide each child with (as a minimum) a lap belt on a forward facing seat. Public transport type buses (ie those designed for urban routes carrying standing passengers) are not required to have seat belts fitted.
Most PSVs, which can carry up to 16 passengers and were first used on or after 1 October 1988 must have seat belts for the driver and front passenger seats and for forward facing seats.
Where seat belts are fitted, they must be worn by passengers aged 14 years and above. There is an exemption in vehicles with seat belts being used to provide a local bus service on ‘restricted’ roads (effectively 30mph roads only), or vehicles designed to carry standing passengers and in which standing passengers are specifically allowed. In all other circumstances, seat belts must be worn unless the passenger has a medical exemption.
Children under 12 in the front seats (parallel with the driver) must use a seatbelt or the correct child seat for their weight. At present (August 2009), children 3 to 13 years are not legally required to use seat belts. Regulations will be put in place as soon as possible, which will require these children to use seat belts, or where available, child seats / boosters appropriate to their weight (as in cars). In many cases, child seats / boosters will not be available because parents / carers do not have them, or they will not fit in this type of vehicle, so seat belts will have to be used. Children under 3 years may be carried unrestrained if there is no baby / child seat available. The seat belt should not be used for both adult and child if a child under 3 years is carried on the lap of an adult – in the event of a crash the child would be in danger of being crushed. Until regulations can be put in place, many organisations will wish to make it their policy that seat belts (or child restraints where possible) are used. Passengers must be informed of the requirement to wear seat belts. This may be done by means of an announcement by the driver or group leader, or by means of an audio-visual display presentation or by signs displayed at every seating position. It is an offence to fail to take reasonable steps to ensure that passengers are so notified.
Where seatbelts are fitted, it is also a legal requirement that drivers must use them. There are no exceptions to this unless the driver holds a medical exemption from a doctor – a Certificate of Exemption from Compulsory Seat Belt Wearing.
Small permit vehicles
The seatbelt rules for permit vehicles adapted to carry 8 or fewer passengers are the same as for cars. Every occupant must use the seat belt provided, unless they have a valid Certificate of Exemption. Children under 3 can’t travel unless they’re in an appropriate child restraint.
Disabled Persons
Disabled drivers or passengers may need to use specially adapted belts, which may be different from standard belts. You should check with Mobility Centres who may know about suppliers in your area. For further information, see Seat belts in minibuses, coaches and other buses (PDF, 34 KB).
Drivers Hours and Tachographs
Small vehicles and minibuses used under a section 19 permit are exempt from having a tachograph fitted. Volunteer drivers are not subject to any drivers’ hours rules. Drivers who are employees of the permit holder are subject to domestic drivers’ hours rules. In most cases, large buses will need to have a tachograph fitted and used, and the driver will be subject to EU drivers’ hours rules. The vehicle may be fitted with an analogue or digital tachograph if it is registered before 1 May 2006. A vehicle must be fitted with a digital tachograph if it is registered on or after 1 May 2006. You should contact DVSA if you are not sure what rules apply for your operations.
Permits issued prior to 6 April 2009
Section 19 small and large bus permits issued prior to 6 April 2009 will remain valid until further notice.
Additionally, with effect from 6 April 2009, existing small bus permits may be used with vehicles, which can carry 8 or fewer passengers. However, the passengers must be carried at separate fares. A private hire vehicle (PHV) or taxi licence will be needed if passengers are carried for hire or reward but not at separate fares. These licences are issued by your local licensing authority. Please refer to the ‘Definitions’ section and Annex 6 for examples of separate fares.
Source – DVSA
