This article is our interepretion of the law in which we operate. We are a not-for profit community trahsport operation. In UK law thatt means our buses must display a either one of a valid section 19 or section 22 permit. So this article is about the context and practice of these permits.
So, away from non-profit community transport, most organisations that can carry fare paying passengers either have a PSV 'O' Licence eg bus or coach or a private hire vehicle (PHV) licence eg taxi. Organisations which are not-for-profit are exempt however from the need to hold a PSV Licence and have either a Section 19 or 22 Permit allowing them to operate. FLM has always had Section 22 permits but has now acquired Section 19 permits so it is fair to ask what is the difference?
Section 19 Permits
These may be granted to organisations without a view to profit to transport their members or people whom the organisation exists to help. They could for example take a sports team to matches . They cannot be used to carry members of the public or fare paying passengers.
Section 22 Permits
These provide community bus services and can carry the general public. They provide local bus services just as a large bus would and take fare paying passengers. They are issued to bodies concerned with the social and welfare needs of communities. These services can only exist to fill gaps in transport provision and may not compete with other bus services.
Organisations like FLM can hold both types of permit. At all times when on duty our buses must operate as either a Section 19 or a 22 permit. It is not permitted to display both permits at the same time but the same vehicle can be used for both permits at different times providing the appropriate permit is displayed.
So, for example, our 471 shopper service is run using a section 22 permit, and so any member of the general public can use it by paying the appropriate bus fare, even though generally the same people use the service week in week out.
Within the context of Section 22 permit, FLM is also allowed to run services through what is termed an exclusively non-commercial purposes ' exemption. This means, in practice, that FLM cannot run services with the intention of making money from them and must be able to prove this. Importantly, in the event that any surplus is made this has to be reinvested into the business for the benefit of the business.
Section 19 is aimed at what are termed club uses. So they operate in same way as a section 22 hire in terms of profit or non-profit motive. However no tickets can be sold on the day and members of the general public wishing to use the service by standing at a bus stp and waving the bus down is not acceptable Section 19 must sell season tickets in advance to a group of people prepared to pay that fee for that service.
With all services voluntary docnations are allowed on top of any other payments. Neither the driver nor FLM is not allowed to solicit such donations, but of course we do need to cover our outgoing costs such as fuel and bus wear & tear otherwise we will be operating at a loss.
This can all be quite complicated to get your head around, but what is important is that all Community Transport operators must follow what are strict rules in order to be able to provide such services. So, we aren't able to set ourselves up as just a for-profit bus hire commerical service. Be reassured that the service FLM and others provides is fit for purpose, not least of which is we evaluate any potential hire to ensuer our buses are used withing the context of the legislation.
