Frequently Asked Question: I run a PSV under a Section 19 Permit – does it need to be PSVAR Compliant and do my Drivers need Driver CPC?

There is a specific exemption within the Public Service Vehicles Accessibility Regulations (PSVAR) which applies to vehicles used in accordance with Section 19 of the Transport Act 1985; in other words, those operated under a Section 19 permit: so PSVAR does not apply in these cases.

Whether or not drivers will need Driver CPC depends upon the use to which the vehicle is being put - but it is likely that most Section 19 operations will require Driver CPC.

The DCPC regulations specifically exempt drivers from requiring CPC where a vehicle is being used "for the non-commercial carriage of passengers".  Section 19 permits may only be issued where transport operations are carried out "not with a view to profit".  You should not assume that these two terms are interchangeable.

By way of an example, a charitable organisation operating a transport service for disabled people and which exists without a view to profit (and therefore can operate under a Section 19 permit) might still charge a fare for the carriage of those passengers.  The charging of a fare is likely to mean that this operation falls within the definition of "commercial carriage of passengers" under the CPC regulations, irrespective of the fact that a 'profit' is not being made, and so Driver CPC can be required.  In short:  where a passenger's right to travel is dependent upon payment (whether directly or indirectly, and whether by the passenger or on their behalf) then the journey is likely to be interpreted as being "commercial", and so will require Driver CPC.

If you need assistance with this question or any other issue regarding your organisation then please do get in contact.  Click here to send an email or call 01279 818280 to speak to one of our lawyers.  We are here to help.