Statement on Local Bus Service Registration in England and Wales - February 2023
The traffic commissioners have issued the following statement to set out their approach to local bus service registrations whilst discussions are ongoing within government on arrangements for future funding.
Traffic commissioners are aware that consideration on a future funding package for local bus services remain ongoing within the UK and Welsh Governments. The uncertainty over funding may result in operators choosing to cancel or vary service registrations before a final decision on funding has been made.
Reflecting the purpose and intent of the legislation, the traffic commissioners seek to continue supporting the bus operators, whilst ensuring that the users of local bus services are provided with sufficient notice of any changes to a registration.
The approach set out below aims to provide a balance between these needs, and to ensure that operators and passengers are in the best possible position to make informed decisions on their arrangements going forward.
This approach only applies where the registration function is undertaken by a traffic commissioner. It does not apply to any registration where the local authority has already assumed responsibility under an Enhanced Partnership Scheme. Operators in these areas should contact the relevant local authority for advice.
For services in an area covered under a transitional notice for franchising, the operator should seek advice from:
Transport for Greater Manchester at: registrations@TFGM.com
or from the Office of the Traffic Commissioners at: psv-continuations@otc.gov.uk
Local Authority Notification
Nothing in this statement removes the statutory requirement for a local authority in England to receive the pre-registration notice of 28 days for any change to a registration. The position on local authority notification is a matter for those local authorities working with operators and the Government.
General Approach and Starting Points
Any application to vary or cancel registrations at short notice must meet at least one of the statutory requirements as set out in Regulation 7 of the Public Service Vehicles (Registration of Local Services) Regulations 1986. Traffic commissioners will consider each application for short notice on its individual merit in accordance with the legislative grounds.
As a starting point it is likely that a traffic commissioner will find the current uncertainty around the funding available beyond March 2023 in England and Wales, as meeting the statutory test as set out in Regulation 7(2)(h) of the 1986 Regulations as circumstances exist that could not have reasonably been foreseen. This is on the basis that an operator could not have reasonably been expected to take the required action without knowledge of what funding was likely to be available beyond March 2023.
A traffic commissioner considering and granting a request for short notice dispensation for these reasons, will adopt a starting position that the 42-day notice period (England) and 56-day notice period (Wales) will be reduced to 28 days.
This reduced notice period reflects the impact on the travelling public caused by a short notice cessation of services.
If an operator submits an application to vary or cancel a service and then, subsequently, wishes to reverse or change that registration further following agreement for funding, a new application for registration or variation is required to be submitted to a traffic commissioner. The operator should apply for short notice dispensation, either, under the ground of ‘unforeseen circumstances’, or the replacement of a substantially similar service.
Timings
Once a decision on funding is agreed in respective jurisdictions these provisions will be reviewed. Additional time will be allowed for operators to submit applications to take into account the level of funding available.