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Transport Act 1985

Transport Act 1985

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The Transport Act 1985 was an Act of Parliament in the United Kingdom. It introduced privatised and deregulated bus services throughout Great Britain and came into effect in October 1986. It is not reasonable to require that operators keep a 100% record of their services as this may create an unnecessary burden. As a general principle, operators are expected to ensure compliance with the registered particulars. any service within a radius of 10 miles, with the radius being measured from a specified central point You must not overwrite the details if a disc or permit fades . The permit and disc must be returned to the issuing body for replacement. 6.3 Going abroad It is for each local traffic authority to decide how they will undertake their duties, including the management of the road network. However, activities to ensure a good operation are likely to include:

Transport services operated under a section 19 permit may be eligible if the services provided are used wholly or mainly by: Regulation (EU) No 181/2011 (of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004) establishes rules for bus and coach transport in respect of the following:Children under 12 in the front seats (parallel with the driver) must use a seatbelt or the correct child seat for their weight. applicant D is a district council which intends to run bus services using permits. The council is able to show that their main occupation is not transport, because most of their time and resources are consumed by the provision of local services other than transport In December 2018, solicitors acting on behalf of the Bus and Coach Association applied to the High Court for permission to judicially review the Department’s approach to the ‘exclusively non-commercial purposes’ exemption. The High Court heard the case on 19 November 2019 and handed down their judgment on 6 December 2019. 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 couldn’t 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.

When considering whether to convene a public inquiry, and at the hearing itself, the traffic commissioner will need to take account of any relevant previous history. 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 won’t be available because parents / carers don’t have them, or they won’t 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. Your permit and disc are important documents and should be kept safe. You should notify whoever issued it and ask for a replacement, if a permit is lost or destroyed (or becomes defaced or faded). The originals must be returned to the issuing body immediately if you later find it. 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 vehiclewhere partnership working is not in place have the necessary evidence to show the steps taken to initiate this; Your organisation may be eligible for a Bus Service Operator’s Grant ( BSOG), which is claimed from the Department for Transport. You may be eligible if your organisation holds a section 22 permit, as you’ll be operating a registered local bus service. It is also important that traffic commissioners consider the question of the adequacy of monitoring in the round by adopting a global approach (see Ribble Motor Services Ltd v Traffic Commissioner for the North West Traffic Area [2001] EWCA Civ 267). The approach adopted in most of the case law (for example, 2000/024 & 2000/025 Arriva Tees and District Ltd & Arriva Teeside Ltd) indicates that the correct approach for the traffic commissioner is to first determine whether the operator has failed to operate a local service registered under section 6 of the Transport Act 1985, and secondly whether the operator has operated a local service in contravention of that section pursuant to section 26(1) of the Transport Act 1985. Service amendment notice undertakings…which have a main occupation other than that of road passenger transport operator” (the “main occupation exemption”)



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