Section 22 Permits

Who can apply for a section 22 permit?

Community bus permits are issued to bodies that operate vehicles without a view to profit and are concerned for the social and welfare needs of one or more communities and that want to run a local bus service on a non-profit making basis. Vehicles being used under a community bus permit can carry members of the public.

What is meant by operating without a view to profit?

Those applying for a section 22 permit must satisfy the traffic commissioner 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 PSV operator licensing: a guide for operators (PSV437) 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 use a vehicle under a permit with a view to profit, and could be liable to prosecution and have your vehicle impounded. DVSA will take seriously any breach of this legal requirement, and any suspected breach should be reported to DVSA on 0300 123 9000.

Applying for a permit

Section 22 permits can only be issued by traffic commissioners. You should send your applications to the Central Licensing Office in Leeds. Application forms are available from:

Application for a community bus permit (PSV368)
The DVSA Customer Service Centre on 0300 123 9000

Application fees

There is a fee payable with the application. See the table of fees for applying for a section 22 community bus permit.

These permits are for use with vehicles adapted to carry 9 or more passengers. They cannot be used with small vehicles (8 or fewer passenger seats). You can apply to operate small buses (9-16 passenger seats) only, or both small and large buses (adapted to carry 17 or more passengers).

Before granting the permit, the traffic commissioner will need to be satisfied that you have adequate facilities or arrangements for maintaining any vehicle you wish to use under the permit in a safe and roadworthy condition. The traffic commissioner will also need to be assured that any vehicle, which can carry 17 or more passengers, has been built or adapted to PSV standards. Whether you purchase the vehicle or hire it in you must ensure that any large bus you use under your permit has been issued with a Certificate of Initial Fitness (COIF) or Certificate of Conformity (CoC).

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 it has not been issued with either of the above, as it does require a certificate. For further information, please contact DVSA.

These permits are to enable you to provide a community bus service, which must be registered as a local bus service with the traffic commissioner. In addition to providing a bus service, you may be allowed to use the vehicle to provide other services for hire or reward where this directly assists the provision of the community bus service by providing financial support for it. This may be useful to generate extra income to subsidise loss-making community bus services. You should advise the traffic commissioner at the time of making your application if you wish to use the vehicle for these purposes, and the request will be considered. The only services that you can provide under this provision are those, which do not require to be registered with the traffic commissioner as a local bus service.

You cannot continue to use the vehicle under the permit to provide other services, if you stop operating local bus services. You may be in breach of the PSV operator licensing requirements if you do.

How many permits do I need?

This depends on how many vehicles you will be using at any one time. You must have a permit for each vehicle that is carrying passengers for hire or reward at any one time, and the corresponding disc must be displayed 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 with DVSA what the fee would be. The fee is based on the number of permits applied for.

Grant of your application

You will receive a permit if your application is granted, which will have a unique serial number and a corresponding disc with the same number. 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 will also receive a vehicle copy of the permit, which should be placed in the vehicle being used under the permit.

The permits and discs are not vehicle specific and you may therefore move a disc from one vehicle to another. You may be issued with more than one permit. Each vehicle must display a valid disc when it is being used under the section 22-permit system and you cannot use more than one vehicle at any time under the same permit. Therefore, if you want to operate 3 vehicles at the same time, you must have 3 permits.

For each vehicle used under a permit, the corresponding disc must be displayed in the windscreen.

The traffic commissioner may place a condition on your permit restricting you to vehicles adapted to carry 9 to 16 passengers. This means you cannot operate large vehicles under the permit. You should apply to the traffic commissioner for the condition to be removed and supply evidence that adequate facilities or arrangements are in place for maintaining the vehicle in a fit and serviceable condition, if you want to use a large bus.

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 issued before 6 April 2009 do not have an expiry date and will remain in force until further notice.

Old style permits issued prior to 6 April 2009 do not authorise you to operate a large vehicle adapted to carry 17 or more passengers. You will need to apply for a new permit if you want to operate a large vehicle.

Conditions and revocation

Permits may be revoked (taken away), new conditions may be attached and existing conditions varied at any time by the traffic commissioner. The traffic commissioner may consider revoking the permit if:

the commissioner is no longer satisfied that you have adequate facilities or arrangements for maintaining any vehicle used under the permit
a condition attached to the permit is contravened
a vehicle used under the permit has been found to be unsafe and has been issued with a prohibition notice

Before taking any action, the traffic commissioner may invite you to submit comments or evidence as to why such action should not be taken. You must return the permit to the traffic commissioner if it is revoked.

Changes to the permit

A permit may not be varied so as 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 to the traffic commissioner.

A permit is not transferable to another organisation.

RUNNING A LOCAL BUS SERVICE

Outside London

Once your permit has been granted you can apply to the traffic commissioner to register a local bus service. Before you start the service, you will need to supply the traffic commissioner with the details, including route and timetable, normally at least 28 days before you wish to start the service. A fee will be required with your registration application. You should check what the current fee is with DVSA before submitting your application.

Traffic regulation conditions may be in force in the places where there are traffic problems or severe traffic congestion, a potential danger to road users or concerns over the level of noise and engine emissions. These conditions apply to all registered local services within the affected area. DVSA will be able to advise you if there are traffic regulation conditions in force where you intend to operate. Should you wish to amend the details, for example change the timetable, or withdraw the service completely, you may do so provided you first vary or cancel the registration. You must also give at least 28 days’ notice before you change or cancel a service.

Within London

There is a different system for local services with stopping places in London. Most services in London are operated under contract to Transport for London (TfL). Contracts are awarded following competitive tendering. 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 operate under a permit granted by TfL.

You should contact the Licensing Manager if the service you wish to run has stopping places in London: Consultation Delivery, Consultation Delivery TfL Planning 11th Floor, Zone G8 Palestra, 197 Blackfriars Road, London SE1 8NJ.

Further reading

You should also read A guide to Local Bus Service Registration (PSV 353A) and A guide to Flexible Local Bus Service Registrations.

The traffic commissioner will expect you to run your service as safely and reliably as a commercial bus operator.

You should have adequate systems in place to ensure that your services are punctual and reliable. Before registering a service you should be satisfied that the timetable is achievable at all times taking into account fluctuations in traffic volumes especially at peak times. You should continue to check that the timetable remains achievable and you may wish to consider periodic monitoring. Advice on adequate systems can be obtained from DVSA.

Further information can be found in Annex 5

Additional services

You can use vehicles under the permit to carry passengers for hire or reward for services other than the community bus service. Such additional services may only be provided where they will assist the community bus service by providing financial support for that service. For example, you could hire the vehicle out with driver to take passengers to the seaside for the day, provided that any revenue earned from doing so would provide direct financial assistance to the provision of the community bus service.

You can ask for this provision when you make your application or at any time during the life of the permit. You must not use the vehicle under the section 22 permit for hire or reward on this basis before approval has been given by the traffic commissioner. The services that you may provide under this provision are only those which do not have to be registered with the traffic commissioner, ie you cannot operate a local bus service for profit, but you can provide contract hire where the vehicle is hired as a whole.

You should keep records for local bus work separate from those for additional services if you use your vehicle to provide additional services. This is so you will be able to show income earned from additional services and how it was used to provide financial support for the community bus service. You cannot continue to use a vehicle under the permit if you cease to operate any registered community bus services.

VEHICLES USED UNDER A PERMIT

Vehicle size

Permits issued on or after 6 April 2009 may be valid for use in any vehicle adapted to carry 9 or more passengers, including large buses. However, traffic commissioners have the power to place a condition on the permit restricting it to vehicles adapted to carry 9 to 16 passengers. You will not be authorised to operate large vehicles under your permit if such a restriction is imposed.

Therefore, permits will either be conditional, allowing the use of vehicles adapted to carry 9-16 passengers only or unconditional, allowing the use of larger vehicles as well. An unconditional permit will only be granted when the traffic commissioner is satisfied that there are adequate facilities or arrangements in place for maintaining a large bus in a safe and roadworthy condition.

Permits issued prior to 6 April 2009 are only valid to be used in vehicles adapted to carry 9-16 passengers. You will need to apply for a new permit if you want to operate a large vehicle.

Vehicle testing

All vehicles under a section 22 permit are required to 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 and 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 22 permit must have a Certificate of Initial Fitness (COIF) certifying that it complied with current PSV conditions of fitness when manufactured, a Vehicle Type Approval certificate, or a certificate of conformity issued under the Road Vehicles (Approval) Regulations 2009. You should check that it has the appropriate certificate, if you buy a used large bus.

Accessibility Requirements

Vehicles, which can carry more than 22 passengers, may need to comply with the Public Service Vehicle Accessibility Regulations 2000, allowing access on the vehicle for disabled persons. Whether the vehicle has to comply depends on its age and what it is used for. In general, the Regulations apply to all buses and coaches, which can carry more than 22 passengers, first used on or after 31 December 2000 and operating a local or scheduled service. A community bus service is a local bus service.

Vehicles covered by the Regulations are referred to as ‘regulated public service vehicles’ and the requirements include:

a space for a wheelchair with suitable safety provisions
a boarding device to enable wheelchair users to get on and off vehicles
a minimum number of priority seats on buses for disabled passengers
the size and height of steps
handrails to assist disabled people
colour contrasting of features such as handrails and steps to help partially sighted people
easy to use bell pushes throughout a bus
audible and visual signals to stop a bus or to request a boarding device
equipment to display the route and destination

Further guidance can be obtained from the Department for Transport on 0300 330 3000.

DRIVERS HOURS AND TACHOGRAPHS

Small buses

A small bus being used under a section 22 permit is exempt from the requirement to have 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.

Large buses

A large bus will need a tachograph if either:

the registered bus route exceeds 50km
the registered bus service is less than 50km but the service doesn’t fall within the definition of a ‘regular’ service
the bus is used for additional purposes

A regular service is where the vehicle is used to carry passengers at specified intervals along specified routes, with passengers being taken up and set down at pre-determined stopping point(s) en route. Having a timetable available to passengers is an indication of a specified frequency and a specified route is taken to mean a precisely defined route.

A large bus will not need a tachograph if the bus is being used to provide a regular service with a route of less than 50km. Your registered local service may fall within the definition, if you have any doubt please contact DVSA.

The vehicle may be fitted with an analogue or digital tachograph if it is registered before 1 May 2006. The vehicle must be fitted with a digital tachograph if it is registered on or after 1 May 2006.

Where no tachograph is required, the driver is subject to domestic hours rules. Where a tachograph is required, the driver is subject to EU drivers’ hours rules.

Bus & Coach Operations