Guidance

A guide to registering and operating local bus services in England and Wales

An overview of the process for registering and operating local bus services in England and Wales

• From: Traffic Commissioners for Great Britain
• Published: 27 February 2024

Please note this guidance is primarily for local bus services registered with a traffic commissioner. Changes in legislation has resulted in an increase in the number of bodies responsible for the registration of local bus services. However, much of this guide will be relevant for those areas which have different registration authorities. 

Services that operate in franchised areas or in some areas covered by enhanced partnership schemes will be subject to different procedures. Further information on these different scheme types can be found in this guide and Annexes.

Introduction

This guidance is intended to help the operators of local bus services to understand the requirements for registering a local bus service. It will advise on how to register services with a traffic commissioner and describes how the local bus service registration system works in England and Wales.

This guidance is only intended for services operated in England and Wales. The law for operating bus services in Scotland differs slightly and services that start in Scotland are registered with the Traffic Commissioner for Scotland. References to Scotland in this guide mainly relate to those services that operate across the English and Scottish border. Guidance on operating and registering local bus services in Scotland can be found at: Local Bus Service Registration in Scotland Guide for Operators.

A local bus service can only be run if it has been registered with the relevant registration authority. To register a service, one of the following is required:

• valid unconditional public service vehicle (PSV) operator’s licence or

• a special restricted PSV operator’s licence (for holders of taxi and Private Hire Vehicle (PHV) licences) or

• a section 22 community bus permit.

If you do not have any of the above you should read the Public service vehicle operator licensing guide which provides advice on PSV operator licensing.

An application to register a local service cannot be accepted unless you have the required authority. Obtaining or increasing the authority of an operator’s licence may take at least nine weeks, and in some cases much longer. You should take this time into consideration before bidding for contracts.

This guidance is not a legal document. Neither the Traffic Commissioners for Great Britain nor the Department for Transport can provide specific legal advice to operators. If you are unsure as to whether you are compliant with the law, you should seek independent and informed legal advice.

The main legislation for running local bus services can be found in the Transport Act 1985, the Transport Act 2000 and the Public Service Vehicles (Registration of Local Services) Regulations 1986.

Role of the Traffic Commissioners for Great Britain and the Senior Traffic Commissioner

In Great Britain, the traffic commissioners are regulators of the road transport industry and are responsible for issuing operator’s licences and maintaining the register of local bus services. Traffic commissioners are appointed by the Secretary of State for Transport but act independently from Government and the enforcement agencies, including the Driver and Vehicle Standards Agency.

Their function is to ensure that only safe and reliable operators of goods and passenger vehicles are permitted to be licensed. Traffic commissioners may take regulatory action against an operator where they may revoke, suspend or curtail an operator’s licence. They may also take regulatory action should an operator fail to operate a local service in accordance with the registered particulars.

Further information can be found on the Traffic Commissioners for Great Britain’s website.

For the purposes of operator licensing, Great Britain is divided into eight traffic areas. A traffic commissioner is deployed by the Senior Traffic Commissioner to be responsible for a specific traffic area.

The Senior Traffic Commissioner is appointed with legal powers to deploy traffic commissioners and to provide statutory guidance and statutory directions to traffic commissioners on how they should approach their functions. This helps to ensure a consistency of approach and provides useful advice for other service users.

These documents will be referenced throughout this guide as the Senior Traffic Commissioner’s Statutory Documents which are uploaded on the Traffic Commissioners’ website.

Traffic commissioners are supported in their functions by Deputy Traffic Commissioners. Deputy Traffic Commissioners are deployed for the days they are required. They are not full-time appointments.

Administrative support to the traffic commissioners is provided by staff based in the Office of the Traffic Commissioner. The majority of staff are based in the licensing office in Leeds, with small teams based in the eight regional offices whose primary role is to support the traffic commissioners in carrying out their tribunal hearings.

Role of the Driver and Vehicle Standards Agency (DVSA)

The Driver and Vehicle Standards Agency is responsible for ensuring that operators of goods and passenger vehicles are compliant with the legislation relating to matters including drivers’ hours, roadworthiness, operator licensing and the safe loading of vehicles.

DVSA’s Bus Operator Accounts Manager (BOAM) examiners in England and Bus Compliance Officers (BCOs – funded by the Welsh Government) in Wales, work with operators and local authorities to promote punctuality improvement and partnership working. DVSA check that operators have systems in place to ensure their services are reliable and punctual, offering assistance and guidance to operators where necessary. They also investigate complaints about the running of local services which may involve carrying out monitoring of local services.

The DVSA are independent of the traffic commissioners and will submit reports of non-compliance to the traffic commissioners for consideration.

More information on the Driver and Vehicle Standards Agency can be found on the DVSA website.

Role of the Local Transport Authority (LTA) or Integrated Transport Authority (ITA)

Local transport authorities and integrated transport authorities (in larger urban areas) work with operators to develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport that meets the needs of communities and service users. In this guide reference to local transport authority can refer to the Integrated Transport Authority where appropriate.

This may take different forms depending on the needs of the local area. They may introduce quality partnership schemes, enhanced partnership schemes or franchising arrangements. Other areas may also subsidise local services that would otherwise be uneconomical to operate but which are considered socially necessary. If the relevant authority wishes to subsidise a service they will usually ask for tenders from operators. Operators may want to consider registering their interest to receive any invitations to tender with the relevant authority. 

Before submitting an application to register, vary or cancel a service in England, an operator must provide the relevant local transport authority with a copy of the draft proposal. The local transport authority may then consider how the local transport requirements in that area will be met and request further information from the operator if required.

In some areas where there is an enhanced partnership scheme, a local transport authority may have delegation from a traffic commissioner to act as the registration authority for services that operate wholly within the area of the scheme. The role of a traffic commissioner in these areas is generally limited to hearing appeals against decisions of a LTA to refuse an application to register a service, cancel a registration or record particular requirements when the service is registered.

Where a franchising  scheme operates, the local transport authority will be responsible for awarding contracts or local service permits which allow local bus services to run in the scheme area. The role of a traffic commissioner in these areas is generally limited to hearing appeals against the failure of the local transport authority to grant a service permit, or their revocation of a service permit. 

Role of the Department for Transport (DfT)

The Secretary of State for Transport (working through Parliament) is responsible for determining the legal requirements of operator licensing and local bus services, in doing so establishing the roles and responsibilities of the traffic commissioners and DVSA. Traffic commissioners are independent of Government.

The DfT assists the Government in establishing the strategy for the provision of local bus services (and other forms of public transport).

More information on the Department for Transport can be found on the DfT website.

Registration Authorities

Traffic Commissioners

Most local bus services in Great Britain have to be registered with a traffic commissioner.

Applications to register, vary or cancel local bus services that start in England and Wales are processed by the Office of the Traffic Commissioner in Leeds. For services that start in Scotland please refer to the guidance for Scotland.

Transport for London

Transport for London are responsible for local bus services that operate in the Greater London area. Most services are operated by private operators under a contract arrangement. There are some commercial services that are operated under service permits. Anyone wishing to operate a local bus service with stops in the Transport for London area should contact them for advice.

Further information can be found at:

What we do - Transport for London (tfl.gov.uk)

London Service Permits - Transport for London (tfl.gov.uk)

Local Transport Authorities

Local transport authorities may request from a traffic commissioner the delegation to be responsible for the registering of local bus services in areas where an enhanced partnership scheme is in force. If the scheme contains a route requirement, the LTA must take on the role of registration authority.

The local transport authority will only delegate responsibility for those services that operate wholly within the scheme area. Any service that has stops both inside and outside of the scheme area will remain registered with the traffic commissioner.

A local transport authority will always take on the role of registration authority in areas where a franchising scheme is in place, although services operated under a Section 22 community bus permit will remain registered with a traffic commissioner.

Please see here for further details.

Definitions

Local bus service

A local bus service is a service using PSVs to carry passengers at separate fares where they can be picked up and set down within 15 miles (measured in a straight line). Services (outside of London) are generally registered with the traffic commissioner, however this may be different where an enhanced partnership scheme or franchising scheme is in force in a particular area.

The route can be of any overall length as long as a passenger can get off the bus within 15 miles (measured in a straight line) of the point where they boarded. If on a long-distance service there are some parts of the route where passengers can make local journeys of 15 miles or less, those parts of the route should be registered as local services. However, it should be noted that parts of a long-distance service where passengers cannot get off within 15 miles do not need to be registered.

There are different types of local bus service. A local bus service does not always have to be open to the public, it may be restricted to school children or a workplace, e.g. a factory or distribution centre.

In certain circumstances a service will not be regarded as a local service, provided all the following conditions are met in respect of each journey:

• someone other than the bus operator an agent or any person who is remunerated for doing so, is responsible for arranging the journey and for bringing the passengers together
• the journey must be made without previous advertisement to the public of the arrangements
• all passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey
• passengers pay the same no matter how far they travel

Services using vehicles operated under the authority of a standard or large bus permit issued in accordance with section 19 of the Transport Act 1985 are not regarded as a local bus service.

Public Service Vehicles

Minibuses and larger vehicles

• If the vehicle is designed or adapted to carry nine or more passengers, and does so for hire or reward, it is a public service vehicle.
• A vehicle must have the appropriate approval, be tested and if required meet accessibility requirements.

Small vehicles - where separate fares are charged

A small vehicle with eight passenger seats or less can be defined as a PSV if it is used for carrying passengers for hire or reward whilst charging separate fares.

But the use of the vehicle must also meet one of two conditions to be treated as a PSV:

(i) The passengers must have been brought together for the purposes of making the journey by the driver or owner of the vehicle or by some other intermediary who is paid for doing so.

In addition, each journey must have been advertised to the public, so as to create a genuine opportunity for members of the public to be carried on the particular journey in question, i.e. the journey is not an exclusive hiring for an individual or group, notwithstanding that separate fares are paid. Advertisement at a place of worship, a place of work, a club or other voluntary association for the information of people present at those places, or in periodicals circulated wholly or mainly among such persons, does not count as advertisement to the general public.

Finally, in the event that there are multiple destinations, there should be differentiation of fares for the journey based on distance or time.

(ii) The making of the agreement for the payment of separate fares must have been initiated by the driver or owner of the vehicle, or by some other intermediary who is paid for doing so – not by the passengers themselves, or any other party. In addition, as in condition 1, each journey must be advertised to the public beforehand as being open to passengers to be carried at separate fares.

Hire or Reward

For the purpose of PSV operator licensing, ‘hire or reward’ is defined as any payment in cash or kind which gives a person the right to be carried, regardless of whether or not that right is exercised. It is also regardless of whether or not a profit is made.

The payment may be made to the operator, the driver or any agent or representative acting on behalf of the operator.

The payment may be made by the passenger, or on the passenger’s behalf. It may be a direct payment (e.g. a fare) or an indirect payment (this could be an exchange for services such as a membership subscription to a club, payment for a bed in a hotel, school fees or payment for concert tickets) where travel is included. The payment does not have to be money and the right to travel does not need to be taken up.

Separate fares

Separate fares mean an individual payment for each passenger to undertake the journey. Payment may be made on the vehicle or in advance of the journey at a sales point (website, app, ticket machine, or sales office). Payment may also be by indirect means (in respect of other services such as concert tickets where travel is included).

Separate fares are not usually involved where the vehicle is hired as a whole, unless passengers have made individual payments for the right to travel. Each passenger should pay the same fare for the same journey, regardless of how many other passengers are already on board or boarding the bus at the time the journey is made.

Types of Local Bus Services

Local bus services can be registered either as a standard service or a flexible service.

Standard

A standard service runs along a fixed route in accordance with a timetable. It must always run at the times it is registered to do so.

A standard service can take many different forms and there are different ways standard services can be registered, for example:

Frequent Services

Where a standard service operates at a frequency of 10 minutes or less, an operator can advise the traffic commissioner of that fact instead of providing a timetable. All the other requirements for a standard service, apply to a frequent service.

Excursions or Tours

These are services on which passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back.

Excursions and tours are only regarded as local services that need to be registered if:

• separate fares are paid, and

• the whole journey is within a 15-mile radius of the starting point, and

• they run one or more times a week for at least 6 weeks in a row.

It should be noted that the ‘hop-on/hop off’’ style of tour where passengers may get off at any point along the route and rejoin the tour on a later bus are not excursions or tours. These are standard services and must be registered and operate in accordance with that registration.

Works or School Services

Schools and works services may be local services if any of the users pay a separate fare (especially if passengers pay different amounts depending on how far they travel). Services may be registered and noted as school or work services only.

Flexible Services

A flexible service is a service:

• which serves one or more local communities or neighbourhoods within a specified geographical area
• which is so flexible that it is not practicable to identify in advance all the roads to be used at any given time (NB: there may be fixed sections of the route but the vast majority of the journey is flexibly routed)
• which is provided primarily to carry passengers who have booked in advance and whose collective requirements determine the route of each journey even though that other persons may also be travelling
• where all the seats of which are available for use by members of the general public, and
• where separate fares are paid which do not vary according to the number of passengers carried on the journey

A flexible service may, like a standard service, have fixed sections of route. However, over the entirety of the service it isn’t practical to identify a route and timetable. Instead, the operator defines as part of the registration:

(a) a geographical area of flexible operation (with or without details of any fixed part of the route), and/ or

(b) fixed stops

For further details please see Annex 5.

If a service doesn’t fall into the above requirements of a flexible service, it is defined as a standard service. 

Services that do not need to be registered

Whilst most services that carry passengers for hire or reward over short distances are required to be registered with a traffic commissioner or other registration authority, certain services do not:

• school or college bus services if the following two conditions are met:

  (i) the bus service is provided on behalf of a local education authority in England or Wales

  (ii) the only passengers who pay fares are either studying at a school or college, supervising pupils or students, or teachers or assistants working at the school or college.

If other people can also use the service, it must be registered.

• substitution services for railway services which have been temporarily interrupted, provided under an agreement entered into with the Secretary of State, the Scottish Ministers or the National Assembly for Wales

• services operated under a section 19 permit. Please refer to the guidance at https:// www.gov.uk/government/publications/section-19-and-22-permits-not-for-profitpassenger-transport/section-19-and-22-permits-not-for-profit-passenger-transport

• excursions or tours, except those that operate at least once a week for a period of at least six consecutive weeks

• free services where travel on a vehicle is not dependent on a payment of separate fares, for example some supermarkets contract operators to provide a free service to bring customers to their stores. Provided no fares are charged and a passenger can travel on the vehicle without obligation it is likely that the service will not require to be registered

If you are unsure whether your service needs to be registered you should seek informed advice or contact the Office of the Traffic Commissioner or, if appropriate, the relevant local transport authority if they are the registration authority.

Considerations Before Submitting An Application To Register A New Local Bus Service

Punctuality

When a local bus service is registered with a traffic commissioner, the operator commits to operate it in accordance with the route and timetable provided. If there is a failure to operate it reliably and punctually a traffic commissioner may attach conditions to the licence preventing the running of local services and/or impose a financial penalty.

Therefore, you must ensure that you can run the service in line with the punctuality standards expected. The Senior Traffic Commissioner has issued a Statutory Document relevant to local services in England and Wales setting out how traffic commissioners should interpret the law and the standards expected.

Before you apply to register the service, you should check that your proposed route and timetable are achievable at all the times when you intend to run the service. You will also need to ensure that you have sufficient resources to provide the service.

You should take into consideration the following points:

• the usual level of congestion at different times and days
• whether it takes longer to travel the route at certain times during the day. For example, a morning service at 08:30 may take longer than a service operating later in the evening
• ensuring that the roads are suitable for the size of vehicles you are intending to use
• whether you need permission to use a bus station or existing bus stops
• whether you need new bus stops. If so, you should discuss this with the local authority
• ensuring you have sufficient vehicles or access to vehicles to cover periods when the vehicle(s) you usually use are out of service, e.g. undergoing inspections or annual tests
• the range of any electrically propelled vehicles you are intending to use and the time taken to recharge these vehicles
• ensuring you have sufficient drivers to cover the service, with enough to cover normal levels of sick absence or annual leave
• whether there is a traffic regulation order, or a traffic regulation condition in place that would affect the service

Principal Timing Points

When registering a standard service an operator must provide a traffic commissioner with a principal start and end point for the service. They will also be asked to provide details of principal timing points. These are the places where the reliability of the service will be monitored.

In the interests of passengers, these points may not usually be more than 15 minutes apart, but in certain circumstances a traffic commissioner may agree more widely-spaced timing points if it is impracticable for the service to stop.   

Motorway service areas

It is not usually acceptable for motorway service areas to be used as timetabled stopping points for the purposes of registering a service as a local bus service. This is because, with some exceptions, they are not a destination, or a place where passengers catch or change buses to other destinations.

Service areas which are located off the motorway and are accessible by other means may be a stopping point. A service area which has one or more bus stops may also be acceptable. Additionally, a works service provided for the service area work force may have a service area as its destination.

A service area where the vehicle stops in order for passengers and driver to have a break is not a stopping point for the purposes of registering a service as a local service.

Traffic Regulation Conditions (TRCs)

One or more TRCs can be placed on an operator’s licence by a traffic commissioner in response to a request from a traffic authority to resolve a particular traffic problem.

A traffic commissioner cannot determine a TRC unless satisfied that such a condition is required to:

(a) prevent danger to road users, or

(b) reduce severe traffic congestion, or

(c) reduce or limit noise or air pollution

The purpose of a TRC can be to regulate:

(a) the route of a bus service

(b) the stopping places of a service

(c) when a vehicle used in providing a bus service may stop and for how long

(d) regulating the roads to be used and the manoeuvres to be performed when turning a vehicle in the provision of a service

(e) limiting the number of vehicles which may be used, or the frequency at which vehicles may be operated, in the provision of a service along all or part of its route whether generally or during particular periods or at particular times

(f) regulating the emission levels of vehicles used in providing services; and

(g) regulating the noise pollution levels that may result from the operation, in vehicles used in providing services, of a loudspeaker or other type of public address system.

In considering what traffic regulation condition(s) should apply to a particular area a traffic commissioner shall have regard, in particular, to the interests of:

(a) those who have registered under section 6 of this Act services which are or will be operated in the area

(b) those who are, or are likely to be, users of such services; and

(c) persons who are elderly or disabled

Details of the request for a TRC and the proposed determination must be published in the Notices and Proceedings. A determination may relate to all services in an area or service of a specified nature. Before determining a TRC the traffic commissioner must hold a public inquiry if requested to do so by:

(a) the traffic authority who made the request

(b) any other traffic authority likely to be affected by the TRC

(c) any operator who has a service registered within the area affected by the TRC

If the traffic commissioner considers there to be a clear danger to either other road users or members of the public, a TRC may be placed on an operator’s licence without a public inquiry, but one must be held as soon as is reasonably practicable if requested by any of the above groups.

Once a TRC is in place the traffic commissioner may consider varying or revoking it if requested to do so by, either an operator whose services are affected by it or any traffic authority in the area.

Once a TRC has been determined it is attached to any PSV operator’s licence which has a service registered in the area affected by the TRC.

Before registering a service, you should establish whether there is a TRC in place. If there is, you should contact the OTC Licensing Office in Leeds. for advice as a condition may need to be placed on your licence.

If a local authority introduces a franchising scheme any TRCs in the franchising area will no longer apply.

Traffic Regulation Orders (TROs)

A TRO is a legal document that restrict or prohibit the use of the highway network, in line with The Road Traffic Regulation Act 1984.

They help authorities to manage the highway network for all road users, including pedestrians and they aim to improve road safety and access to facilities.

Examples of schemes that require a TRO include:

• speed limits
• on-street parking restrictions
• weight limits
• one-way streets and banned turns
• prohibition of driving

A TRO can be permanent, temporary or experimental. It can be worded to apply to particular categories of user, and can be weight or width related.

The Police, or civil enforcement officers in the case of parking restrictions in a decriminalised parking enforcement area, can enforce the various restrictions and prohibitions.

Before registering a service, you should consider whether there is a TRO in force that may affect your planned route.

Partnership Schemes and Franchising Schemes

In addition, before registering your service you should find out whether there is a statutory partnership scheme or franchising scheme in place, either in part or over the whole of the route. If there is it may affect how you intend to operate the service and additional requirements or permissions may be necessary. You should contact the local transport authority or Integrated Transport Authority (ITA) and notify them of your intended application and discuss any additional requirements.

See Annex 3 for more information on enhanced partnership schemes and Annex 4 for further details on franchising.  

Registering A Local Bus Service With The Traffic Commissioner

Requirement to consult with a local transport authority

Before a local bus service can be registered, varied or cancelled with a traffic commissioner the relevant notice period must be complied with. The notice required will differ depending on whether there are stopping places in England, Wales or Scotland.

For services with stopping places in England and Scotland there is a requirement for an operator to provide up to 28 days’ advance notice of the draft registration to the relevant local transport authorities before applying to register, vary or cancel a service to a traffic commissioner. The purpose of the advance notice is for the local transport authority to consider the impact on the local transport plan. Where services are being varied or cancelled a local transport authority may require an operator to provide further information on the number of passengers and revenues. An operator is required to provide the information requested.

Only when a period of 28 days has elapsed from notifying the local transport authority of the application, or sooner if the local transport authority consents, can an application be lodged with a traffic commissioner. A local transport authority should provide the operator with a signed form to send to the traffic commissioner. If the operator does not receive a response from the local transport authority, the application may be submitted after the 28 days have elapsed. In these cases the operator should attach proof of the date that the draft application was sent to the local transport authority.

If a service crosses into several local transport authority areas, you must obtain the proformas from each individual authority, or wait 28 days, before you can submit an application to the traffic commissioner.

There is no requirement to provide this formal notice to local transport authorities for stopping places in Wales, but operators are encouraged to consult with local transport authorities before submitting an application to a traffic commissioner.

Once the relevant notice has been given the application can then be submitted to a traffic commissioner.

Period of notice

The operator cannot start running the service until the application to register has been accepted by a traffic commissioner and the notice period complied with. In the case of variations or cancellations the operator must continue to run the service in compliance with the original registration until the application has been accepted by a traffic commissioner.

The statutory notice period is 42 days for services with stopping places in England and Scotland and 56 days in Wales which starts from the day a traffic commissioner accepts a completed application.

For community bus operators the statutory notice period is 14 days in England and 28 days in Wales. The requirement for providing advance notice to the local transport authorities for services with stopping places in England is the same.

There are certain circumstances which allow a traffic commissioner to waive these notice periods and allow a service to start, vary or stop at short notice. Requests for short notice registration or changes must be made by completing the relevant application form, PSV350A. If an application is supported by the local transport authority confirmation of this support should be enclosed either with your application or they can include it within the proforma. Acceptance of short notice is not dependent on support from the local transport authority, but obtaining their support can assist such a request for short notice.

The legislation sets out the circumstances which permit the traffic commissioner to waive the notice period and allow the service to start, be varied or cancelled at short notice, these are:

(a) registering or varying a service (or part of a service) which will be substantially similar to and will replace a service (or part of a service) which has ceased or is ceasing to operate. The name of the operator and registration reference of the existing service should be provided with the application

(b) varying or cancelling the registration of a standard service which is either not available to members of the general public or not regularly used by them

(c) varying or cancelling a service in response to representations from an authorised person (a traffic authority or a chief officer of police) on a matter concerning road traffic regulation or road safety. A copy of a letter from the traffic authority or police should be provided with the application

(d) registering the particulars of a new service or varying a registration to increase an existing service, in order to provide the new or augmented  service for a period not exceeding 21 days, in connection with a specified event or occasion which will cause an additional demand for a service

(e) varying a registration by adjusting the timetable without significantly affecting the level of the service provided, and the adjusted timings are either:

i. no more than 10 minutes earlier or later than those in the registered timetable, or

ii. required to adapt the service to a variation in a connecting rail, ferry or air service – details of the connecting service should be provided

(f) varying the registration so as to vary or suspend the service for a period not exceeding 14 days in response to public holidays restricted to the relevant locality or holidays taken by a substantial proportion of the population in that locality

(g) where, due to circumstances which were not reasonably foreseen, you failed to make an application in sufficient time for the period of notice. You should provide full details on the application as to why it could not have been foreseen (h) register or vary a registration in order to meet an urgent and exceptional public passenger transport requirement

To accept an application at short notice a traffic commissioner must be satisfied that one of the criteria set out above is met. When applying for short notice the relevant reason must be identified with sufficient explanation to justify the application. Evidence may also be requested.

Submitting an application to a traffic commissioner

Once the period for the local transport authority to consider the draft application has been completed (in England and Scotland), an application can be submitted to a traffic commissioner by either:

• using the form, PSV 350 and sending it with all relevant information (known as the prescribed particulars), to the Office of the Traffic Commissioner Licensing office in Leeds. Form PSV 529 should be used when registering a flexible local bus service.

The fee should be paid by cheque, postal order or by completing credit/debit card details on the application form. Alternatively, this can be paid online using a Vehicle Operator Licensing self-service account, but only once an application has been received and a request for payment has been made. If choosing this method, the fee must be paid within 7 days of the request. Applications will not be processed unless payment is received, or

• sending the details using the Electronic Bus Registration System (EBSR). To do this the operator must be able to send documents using TransXChange, and there must be prior agreement with the Office of the Traffic Commissioner to submit in this format.

When you submit a registration through EBSR, the fee will be created and available to pay through the VOL self-service account. It should be paid at the time of submitting the application for registration.

Email bus-registrations@otc.gov.uk for further information on how to use EBSR.

www.gov.uk/government/collections/transxchange

Prescribed Particulars

The registered particulars are the details that must be provided when registering a local bus service with a traffic commissioner. These must be supplied when a service registration is submitted, otherwise the application cannot be accepted, and it will be rejected.

For all services (standard or flexible) the following details need to be provided:

• the name of the operator of the service
• the number of the operator’s licence or community bus permit
• the date on which the service is to start
• the service number or, if it has no number, the name by which it is to be known
• if the service does consist of excursions or tours, an outline of the route indicating the points, other than the starting point, where passengers will be picked up, and the maximum number of vehicle departures to be made on any one day.
• the times during the year when the service will be provided
• whether the service is subject to a requirement imposed by an enhanced partnership scheme under section 138C(1) of the Transport Act 2000 and, if so, details of the requirement or requirements to which the service is subject
• whether the service is subject to a requirement imposed by an enhanced partnership scheme under section 138C(3) of the 2000 Act and, if so, details of the requirement or requirements to which the service is subject

In addition, there are further details that need to be provided depending on the type of service:

Standard services

For a standard service the following information is required:

• the principal starting and finishing points of the service
• a statement on whether the service is a tour or excursion

• if the service is not a tour or excursion:

  (a) a description of the route, including details of alternative sections of route where it may be modified for the purpose of particular journeys, which is sufficient to identify the roads to be traversed, together with a map of a scale not smaller than 1:50,000 showing those roads

  (b) a timetable for the service indicating the proposed times (on the days when the service is to run) of individual services at principal points on the route, except where the service interval is 10 minutes or less when a statement of that fact may be given (see Frequent Services), and

  (c) an indication of the stopping places where the vehicles used on the service will stand for longer than the time required to pick up or set down passengers

• if the service does consist of excursions or tours –

  (a) an outline of the route indicating the points, other than the starting point, where passengers will be picked up, and

  (b) the maximum number of vehicle departures to be made on any one day

• details of stopping arrangements, including (in appropriate cases) –

  (a) details of whether all the marked or generally recognised stopping places on the route will be used on every journey and, if not, what the stopping arrangements at those places will be, and

  (b) details of any sections of the route where passengers will be picked up and set down upon signalling their wishes to the driver of the vehicle

• a description of any reversing and other manoeuvres which will result in a vehicle returning along part of its route.

Flexible Services

For a flexible service the following information is required:

• the address of the operator
• a description of the area of operation and a map of a scale not smaller than 1:50,000 showing the sections of flexible operation and fixed sections of route (if any)
• details of any fixed stopping places and the stopping arrangements at those places (including whether all the specified fixed stopping places will be in use at all operating times and, if not, what the stopping arrangements will be at those places).

• an indication of any fixed stopping places where the vehicles used on the service may or will stand longer than the time required to pick up or set down passengers * the terms on which, and the methods by which, journeys maybe booked, including:

  (a) the times when a booking for a particular journey may be made,

  (b) the means of identifying where a passenger may be picked up or set down in places other than at fixed stopping places, and

  (c) whether the travel demands of every prospective passenger will be met and, if not, what arrangements (if any) will be made where a person’s demands cannot be met

• the timing of the service, including:

  • in the case of a service having a fixed stopping place on its route, a timetable indicating the proposed times of individual services at those stopping places; and in every case

  • the means of determining the time at which a passenger may be picked up or set down in the sections of flexible operation;

• where it is impracticable to specify an exact time of arrival at, or departure from, a fixed stopping place or other point within the area of operation, a period of time maybe specified instead. This is known as a ‘time window’. The time window is to be an appropriate length but not longer than 20 minutes unless a traffic commissioner is satisfied that it is reasonable for a longer period to be allowed.

All the required information must be provided, including the completed local transport authority proformas (or proof that 28 days has elapsed) when an application is submitted. It will not be accepted otherwise, and it will delay your ability to run the service.

Bus Open Data Service (BODS)

The Bus Open Data Service is designed to provide certain information for every local bus service in England to improve the passenger experience of bus travel.

Operators of local services in England are required to provide:

• timetable data
• fares data
• vehicle location (real-time) data
• historic performance (punctuality) data.

The need to comply with the BODS applies to any local service with stopping places in England. This includes services which may be predominately in Wales or Scotland.

See www.gov.uk/government/collections/bus-open-data-service for more information.

If an operator fails to comply with the bus open data requirements, a traffic commissioner may take regulatory action or issue a financial penalty against the operator. The financial penalty could be for a sum of up to £550 for every vehicle authorised by the licence.

The BODS is a separate system from the local bus service registrations held by a traffic commissioner and other registration authorities. Operators must update BODS separately when registering, varying or cancelling local bus services. 

Notices and Proceedings

Every application to register, vary or cancel a service is published in the traffic commissioners’ weekly publication, Notices and Proceedings (N&Ps). These are published for each traffic area at: Traffic Commissioner PSV Notices and Proceedings - GOV.UK (www.gov.uk)

Also, when an application is accepted, details are published online at: Bus registration search

Should you wish to receive electronic copies of N&Ps you should e-mail: notifications@vehicle-operator-licensing.service.gov.uk specifying which area(s) you are interested in receiving. There is no charge for this service.

Varying And Cancelling A Local Bus Service

Operators must ensure that registrations are kept up to date. Operators must vary registrations before a service is changed or cancel the registration before withdrawing a service completely. Should an operator fail to do this the traffic commissioner may determine that the operator has not been providing the service in accordance with the registered particulars and take regulatory action.

A service may be changed or cancelled using the appropriate form, PSV355. There is a fee for a variation, but not for the cancellation of a service.

When applying to vary or cancel a service the same notice periods as those for registering a service will apply, including the grounds for requesting short notice.

When varying a registration, the operator must provide details on what is being changed, and supply new timetables or route maps and descriptions as required.  

If an operator cancels a service, they must give the date when the service will stop. Although there is no legal requirement to do so, it is good practice to put a notice in the vehicles used to provide the service advising passengers that the service is being changed or withdrawn. Some enhanced partnership schemes may require an operator to do so.

Operators must also ensure that any changes to the registration are also separately communicated to the Bus Open Data Service.

Changes to a service that do not require a formal variation

In England and Wales, a registered service may be changed without the need to apply for a variation to registration in the following instances:

• a service may be varied in England and Wales in respect of any journey in a week which includes 24th December, Christmas Day, Good Friday or any bank holiday, provided notice of the intention is sent to every relevant authority and to a traffic commissioner no later than 21 days before the variation is to take effect
• a journey on a service identified in the registration as an excursion or tour may be withdrawn or curtailed
• the route of any service may be varied to the extent required to comply with any temporary prohibition or restriction of the use of any road by traffic by or under any enactment or with any direction by a police officer
• a service which is not available to the general public, and which is provided by a local authority (within the meaning of the Education Act 1996) in connection with the exercise of its functions relating to education
• the running of duplicate vehicles (see below)

Duplicate vehicles

An operator may run duplicate vehicles on a service if there are reasonable grounds to expect that, owing to special circumstances, the number of vehicles normally required to provide the service would be insufficient to carry all the people wishing to travel, or to provide the service in accordance with the registered timetable. This could be for example, providing additional capacity to cater for a special event occurring along an established bus route.

In areas where there is an enhanced partnership scheme the provision of additional vehicles must not breach any requirement set out in the scheme. In these areas the operator may wish to contact the local transport authority.

The vehicles can be operated over any part of the route, but must be operated as closely as possible to the timings in the registered timetable.

If it is a regular occurrence that the usual number of vehicles used to provide the service is unable to carry all the persons wishing to travel, it would not be considered a special circumstance, and the operator should make a variation to the registered service.

The traffic commissioner may determine that unregistered local services have been operated if there are no special circumstances which warrant the provision of additional vehicles.

General Requirements

Passenger Information

Standard services

When operating a standard service, the operator must either display inside the vehicle in a clear and visible manner or have available on the vehicle for passengers who request them:

• a fare table containing sufficient information to enable any passenger to ascertain the fare for their journey or how the fare is calculated
• a timetable indicating the days the service operates and the times at principal timing points (unless a frequent service in which case this must be stated).

And outside the vehicle:

• a notice indicating the destination or the route of the service, and
• either the service number or the name by which it is known.

Flexible services

When operating a flexible service, the operator must display inside the vehicle information about fares  which is both clear to read and set out in such a manner that a passenger may ascertain the fare for the journey without difficulty. Outside the vehicle the operator must display the name of the service.

Complaints

Operators will need to have a system in place to deal with complaints, and to take action to resolve any problems that are brought to their attention. Operators should ensure that passengers are provided with information on how they may complain or raise any issues relating to individual services. For example, a notice on the bus with contact details provides useful information for passengers.

Regulation (EU) No 181/2011 (as retained in UK law) establishes rules for bus and coach transport in respect of:

• non-discrimination between passengers with regard to transport conditions offered by carriers

• rights of passengers in the event of accidents arising from the use of the bus or coach, resulting in death or personal injury or loss or damage to luggage

• non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility

• rights of passengers in cases of cancellation or delay

• the minimum information to be provided to passengers

A passenger must first make a complaint under this legislation to the relevant person who is the subject of the complaint. If the complaint is not resolved within three months after submission the complaint may be directed to London TravelWatch) (for road passenger transport services or facilities in London), or for any other services or facilities elsewhere, to Bus Users UK.

As the designated national enforcement authority, the Traffic Commissioners for Great Britain must be referred complaints which London TravelWatch or Bus Users UK have not resolved within three months from submission by the complainant.

A traffic commissioner will consider whether or not to take action to remedy any contravention of the regulation if the subject is the holder of a PSV operator’s licence. The Regulations allow the traffic commissioner to take other appropriate enforcement measures, including issuing improvement notices, the attachment of conditions to any PSV operator’s licence or the imposition of a financial penalty.

Any appeal of a traffic commissioner’s decision is made to the Upper Tribunal.

Public Service Vehicle Accessibility Regulations

An operator must ensure that the vehicles used on a local service meet the relevant accessibility requirements. Operators using vehicles that do not meet the required standards may face prosecution from the relevant enforcement agencies, and/or regulatory action by a traffic commissioner.

Bus Services Operating Grant (BSOG)

A local bus service may be eligible for BSOG in England, or the Bus Services Support Grant in Wales and details of the schemes can be found at:

https://www.gov.uk/government/collections/bus-services-grants-and-funding

Failing To Run The Service Reliably

Once a service has been registered with a traffic commissioner it must be operated in accordance with the registered particulars. A traffic commissioner may take regulatory action if an operator fails to do so. 

The expectations on operators are set out in the Senior Traffic Commissioner’s Statutory Directions and Statutory Guidance No.14. Services operated in areas with enhanced partnership schemes or franchising may need to meet other standards set out in the relevant schemes.

For most standard services, operators are expected to run services no more than one minute early and five minutes late at least 95% of the time. Operators are expected to have appropriate systems in place to monitor their compliance. This maybe through, for example, by collecting performance data electronically or, in some cases, periodic roadside monitoring of services. Operators should take action to rectify any issues. This may include amending timetables or routes, or increasing their resilience to avoid vehicle or staff shortages. Frequent or flexible services must meet other standards.

For services that cross into a franchise or enhanced partnership area the LTA may have different performance standards that apply to that section of the route.

As operating conditions can alter over time, e.g. the volume of traffic may increase, or there may be changes to road layouts which affect levels of traffic, operators will need to regularly review timetables to check that the registered timings remain feasible and, if necessary, apply to vary the registration.

The Driver and Vehicle Standards Agency employ specialist Bus Operator Account Managers (BOAM) examiners in England. In Wales Bus Users Cymru employ Bus Compliance Officers (BCOs) to carry out similar work.

The DVSA BOAM examiners and BCOs work with operators and local authorities to promote punctuality improvement and partnership working. Examiners will check that operators have systems in place to ensure their services are reliable and punctual and will offer assistance and guidance to operators where necessary. They also investigate complaints about the running of local services which may involve carrying out monitoring of local services. Usually, the DVSA will agree an improvement plan with an operator before referring the matter to a traffic commissioner.

If a traffic commissioner receives evidence from the DVSA or local authorities that an operator is failing to run services as registered without reasonable excuse, regulatory action will be considered.

Before any action is taken by a traffic commissioner, an operator will be given an opportunity to set out any reasonable excuse or mitigation for the services not running as registered. A traffic commissioner will usually consider more serious cases of non-compliance at a public inquiry.  

Public Inquiries

A traffic commissioner may call an operator to a public inquiry to consider evidence that the operator is not running punctual and reliable services. Operators will be invited to challenge the evidence and put forward any reasonable excuse for the services not operating in accordance with the timetable. An operator can also set out how they have addressed the issues and give the traffic commissioner assurances that the services will operate reliably in the future.

In certain cases, a traffic commissioner may decide to call an operator to a preliminary hearing to consider whether a public inquiry is necessary. Preliminary hearings are similar to public inquiries with operators given the opportunity to set out why a public inquiry is not required.

If called to appear before a traffic commissioner, an operator does not have to be represented by a legal or professional representative. However, as the traffic commissioner’s decision could have serious repercussions for an operator’s business it is advisable for the operator to consider whether a representative could help to prepare and present the case. An operator should read the letter calling them to the hearing and the evidence contained within it carefully. If asked to provide information by a set date the operator must comply in doing so.

At an inquiry or preliminary hearing, the traffic commissioner will first briefly summarise the purpose. The BOAM examiner in England and BCOs in Wales or anyone else who has supplied evidence will probably be asked to present evidence at the inquiry. Questions can be put to any witnesses. The traffic commissioner will also ask the operator questions.

More information on public inquiries can be found in the Guide to Public Inquiries.

Decisions

After considering all the evidence the traffic commissioner will determine the appropriate action to take. In most cases the traffic commissioner will give their decision on the day of the hearing but in more complex cases the traffic commissioner may issue a written decision. This is usually issued within 28 days of the hearing date.

If a traffic commissioner determines that an operator has operated a local service unreliably, a condition may be attached to their operator’s licence prohibiting them from running certain local services or, in some cases, any local services.

The traffic commissioner may also impose a financial penalty which can be up to £550 for every vehicle authorised by the operator’s licence. This may be applied by:

• making a direct payment (similar to a fine)
• spending a sum of money on the provision of specified local services or facilities, or improvements to existing services or facilities
• paying compensation to certain groups of passengers (either money or reduced or free travel)

Where a licence is held by a group the calculation of the penalty can be applied across the number of vehicles authorised on licences held by the group.

Appeals

There is a right of appeal to the Administrative Appeals Chamber of the Upper Tribunal if the traffic commissioner attaches a condition to an operator’s licence or imposes a financial penalty.

The notice of appeal must be received by the Tribunal within one month of the date on which notice of the decision was sent to the appellant.

Operators can apply to a traffic commissioner to ‘stay’ their decision. A ‘stay’ is a legal term that means the decision will not take effect in order to allow the appeal to be decided. A traffic commissioner will consider whether to grant an application for a stay as quickly as possible. If a traffic commissioner refuses an application for a stay, the Tribunal can reconsider that decision.

Further information is available from the Upper Tribunal’s website, the guide to public inquiries or the Senior Traffic Commissioner’s Statutory Document on appeals.

Local Transport Authority – Traffic Management Duties

Local transport authorities have a duty under the Traffic Management Act 2004 to manage their road network, to reduce congestion and improve reliability. This can have an important effect on the ability of bus services to run on time.

If a traffic commissioner identifies any remedial measures which could be taken by the operator, or by a local traffic authority, a traffic commissioner may prepare a report recommending the implementation of those measures to enable or facilitate the operation of the service(s) in accordance with the registration.

Local authorities should therefore work in partnership with bus operators to improve time keeping where necessary and assist the operator to maintain a level of punctuality that meets the requirements of the Senior Traffic Commissioner’s Statutory Documents.

Annex 1 – Further information

• Senior Traffic Commissioner’s statutory guidance and statutory directions
• PSV Guide
• Drivers’ hours: Buses, coaches and minibuses
• Run international bus or coach services and tours
• International bus or coach services and tours: driver documents

Relevant legislation

Copies of the legislation can be viewed or downloaded from: www.legislation.gov.uk

• Transport Act 1985
• Transport Act 2000
• The Public Service Vehicles (Registration of Local Services) Regulations 1986
• Local Transport Act 2008
• Bus Services Act 2017
• Public Passenger Vehicles Act 1981
• The Public Service Vehicles (Operators’ Licences) Regulations 1995
• The Transport (Scotland) Act 2001
• The Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001
• The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013
• The Public Service Vehicles (Open Data) (England) Regulations 2020
• The Public Service Vehicles (Traffic Regulation Conditions) Regulations 1986
• The Public Service Vehicles Accessibility Regulations 2000
• Public Service Vehicles (Accessible Information) Regulations 2023
• The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990

Annex 2 – Traffic Areas and Office Address

Office access and opening times

View office information and opening times for the Office of the Traffic Commissioner

Traffic Areas

Please note that the below list acts as a guide only. When applying for a licence the correct traffic area will be automatically allocated. If you have any doubt as to which traffic area an operating centre falls into, you can contact the Office of the Traffic Commissioner for advice.

North Eastern Traffic Area - Responsible for

The metropolitan boroughs within:

• South Yorkshire
• Tyne and Wear
• West Yorkshire

The counties of:

• Durham
• East Riding of Yorkshire
• Northumberland
• North Yorkshire
• Nottinghamshire

The districts of:

• North East Lincolnshire
• North Lincolnshire

North Western Traffic Area - Responsible for

The metropolitan boroughs within:

• Greater Manchester
• Merseyside

The counties of:

• Cheshire
• Cumbria
• Derbyshire
• Lancashire

Eastern Traffic Area - Responsible for

The counties of:

• Bedfordshire
• Buckinghamshire
• Cambridgeshire
• Essex
• Hertfordshire
• Leicestershire
• Lincolnshire (except the Districts of North Lincolnshire and North East Lincolnshire)
• Norfolk
• Northamptonshire
• Rutland
• Suffolk

Ardal Traffig Cymru/Welsh Traffic Area - Cyfrifol am/Responsible for

• Cymru/Wales

West Midland Traffic Area - Responsible for

The metropolitan boroughs within the West Midlands.

The counties of:

• Herefordshire
• Shropshire
• Staffordshire
• Warwickshire
• Worcestershire

Western Traffic Area - Responsible for

The counties of:

• Berkshire
• Cornwall
• Devon
• Dorset
• Gloucestershire
• Hampshire
• Isle of Wight
• Oxfordshire
• Somerset
• Wiltshire

The districts of:

• Bath and North East Somerset
• Bristol
• North Somerset
• South Gloucestershire

South Eastern and Metropolitan Traffic Area - Responsible for

• Greater London

The counties of:

• Kent
• Surrey
• East Sussex
• West Sussex

Scottish Traffic Area - Responsible for

• Scotland

Annex 3 – Enhanced Partnership Schemes

Overview

In England, local transport authorities may make enhanced partnership schemes.

An enhanced partnership is a statutory partnership between one or more local authorities and local bus operators. It sets out how they will work together to improve local bus services or reduce or limit traffic congestion, noise or air pollution in a defined geographical area(s).

Detailed guidance and information on enhanced partnership schemes can be found at: www.gov.uk/government/collections/bus-services-bill-overview

An enhanced partnership scheme may set certain requirements that local services must comply with. These are known as route or operation requirements and are defined in the legislation.

Route requirements relate to the frequency or timing of particular local services or local services of particular descriptions.

Operation requirements can include (but are not limited to):

(a) standards which the vehicles being used must meet

(b) enabling tickets to be purchased or fares to be paid in particular ways

(c) enabling entitlement to travel to be evidenced in particular ways

(d) the provision of information to the public about local services

(e) the publicising of local services, fares or ticketing arrangements

(f) the appearance of tickets for local services

(g) the appearance of vehicles being used to provide local services

(h) the prices of multi-operator tickets

(i) the dates upon which operators may change the timing of local services, and

(j) ticketing arrangements

Local transport authorities will consult with operators when developing a scheme. It is important that operators understand the requirements proposed in schemes and work with the local transport authority to successfully implement the schemes.

Commencement of Scheme

Once a scheme is in place an application to register a service may be refused if the operator cannot meet the requirements of the scheme. Similarly, an existing registration may be cancelled if the requirements are not met. Decisions taken by a traffic commissioner may be appealed to the Upper Tribunal.

It is important that operators understand the requirements of any scheme when applying to register services. The relevant local transport authority will be able to assist.

Delegation of registration function to the local transport authority

The introduction of an enhanced partnership scheme may result in a local transport authority becoming the relevant registration authority. This only applies to those services which have stops only in the scheme area. Services which have stops both inside and outside the scheme area will remain with a traffic commissioner.

The Office of the Traffic Commissioner will transfer any relevant current registrations to the local transport authority at the relevant time. The registrations will then be shown as ‘Admin Cancelled’ on the records held by a traffic commissioner.

Any future application to register, vary or cancel a service which only has stopping points within the scheme area must be sent to the local transport authority using their forms and processes.

The requirements on operators remain the same, and the traffic commissioners remain responsible for the operator’s licence and taking any regulatory action, including on the punctuality and reliability of services.

The local transport authorities listed below have been delegated by a traffic commissioner to carry out the registration functions for local bus services that are wholly within the enhanced partnership scheme that are in force within their jurisdiction.

Hertfordshire County Council:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/public-transport/public-transport-in-hertfordshire.aspx

Transport for West Midlands:

https://www.tfwm.org.uk/plan-your-journey/ways-to-travel/buses-in-the-west-midlands/

West of England Combined Authority:

https://www.westofengland-ca.gov.uk/what-we-do/transport/bus/

Appeals regarding the decision of a local authority with delegated authority

Decisions by authorities to refuse registrations or cancel registrations can be appealed to a traffic commissioner.

www.gov.uk/government/publications/traffic-commissioner-appeals-enhanced-partnerships-schemes

Annex 4 – Franchising

Overview

A franchise scheme is where the local authority specifies the bus services to be provided and the details of those services such as where they run, when they run and the standards of the services. Typically, operators bid for contracts to run the local services in the franchised area. No other services can operate in the franchised area without the agreement of the franchising authority, usually through the issue of a service permit.

Detailed guidance and information on franchising can be found at: www.gov.uk/government/collections/bus-services-bill-overview

Where a franchise scheme is in place, the local transport authority is responsible for all registration functions for services operated in the scheme area. Operators considering whether to run local services should check the list below and consult early with the local authority if the proposed route or variation to an existing route, goes through an area where a franchising scheme is in place.

Franchising schemes are currently in force in London and Greater Manchester. Further information on these areas can be found at:

Transport for London – https://tfl.gov.uk/info-for/suppliers-and-contractors/london-service-permits

Transport for Greater Manchester – https://tfgm.com/contact

Transition Period

During the transition period local bus services remain registered with a traffic commissioner and applications to register new services, or to vary or cancel existing services should be made to a traffic commissioner in the usual manner.

When a scheme is announced, but is not yet in force, the local transport authority may publish a transition notice. This notice may require an extended notice period of up to 112 days (16 weeks) for any application to vary or cancel a service that has a stopping place in the scheme area. Some services may be excepted or exempt from the extended notice period. For example, an authority may want to consider leaving the cancellation and variation notice period at 42 days for services which only have a few stopping places in the franchising scheme area.

Commencement of Scheme

When the franchising scheme comes into force, the affected services registered with a traffic commissioner must be cancelled. The Office of the Traffic Commissioner may do this on the operator’s behalf.

Services that cross between the franchise area and an area under the jurisdiction of a traffic commissioner are likely to require a service permit for the part of the service operating in the franchise area. The relevant local transport authority will be able to advise on this.

How cross-border services are registered and who fulfils the requirement for Bus Open Data may differ from scheme to scheme. Operators will be advised of the processes to follow. It has previously been agreed that the entire length of the service can remain registered with a traffic commissioner to assist service information with the clear understanding that the part of the service within the scheme area is no longer the responsibility of a traffic commissioner. Changes to the service outside the scheme area must be notified to a traffic commissioner in the usual manner. If a similar approach is agreed by a franchising authority in respect of its area, a traffic commissioner should also be notified of changes within the franchise scheme area so that the record can be updated and to ensure that service information remains accurate. In these cases, it is regarded as a notification to a traffic commissioner and does not incur a charge.

Operators providing services affected by franchising will be provided with the relevant information during the process of making the scheme and prior to commencement.

Appeals regarding service permits

The administration and decision-making for service permits is a matter for the local transport authority, but an operator has the right of appeal to a traffic commissioner should a local authority make a decision to refuse, revoke, suspend, or attach conditions to the permit. 

An appeal should be lodged with a traffic commissioner within 28 days and contain the following information:

(a) the name and address of the appellant;

(b) the name and address of the appellant’s representative (if any);

(c) the operator’s licence number if known;

(d) an address or electronic address where documents for the appellant may be sent or delivered;

(e) the name and address of the respondent;

(f) details of the decision under appeal;

(g) the decision the appellant is seeking; and

(h) the grounds on which the appellant relies.

Forms to use for an appeal can be found at:

www.gov.uk/government/publications/appeals-to-a-traffic-commissioner-franchising-service-permits

The respondent and appellant will be given opportunity to make representations.

A commissioner may determine the appeal based on the information provided or may decide to call an appeal hearing.

The decision of any appeal may be to:

(a) uphold the decision,

(b) quash the decision, or

(c) substitute a decision for the decision made by a traffic commissioner.

Annex 5 – Guidance for flexible registrations

Like a conventional registered service, a flexible service uses public service vehicles to carry passengers at separate fares over short distances. In order to qualify and register as a flexible service, each passenger must be able to leave the bus within 15 miles (measured in a straight line) from the place at which they were picked up.

However, unlike a conventional registration, operators of flexible services are not required to register a fixed route or timetable. Instead, individual passengers must pre-book their journey with the operator and the route and timings will vary according to those passengers’ needs. Operators must also keep records of each booking taken, and their on-the-road performance in providing the service. Operators can also specify a geographical area of operation within which they can provide fully flexible services.

A flexible service is defined as one:

• which serves one or more local communities or neighbourhoods within a specified geographical area

• which is so flexible that it is not practicable to identify in advance all the roads to be used at any given time (NB: there may be fixed sections of the route, but the vast majority of the journey is flexibly routed)

• which is provided primarily to carry passengers who have booked in advance and whose collective requirements determine the route of each journey even though that other persons may also be travelling

• where separate fares are paid, and

• where separate fares are paid which do not vary according to the number of passengers carried on the journey

In addition, all seats must be available for use by the general public.

Registering a flexible service

A flexible registration shares many of the particulars that need to be provided for a

standard bus service, e.g. the name of the operator and details of their operator’s licence or permit, the date on which the service is to start operating, etc.  

However, while a flexible service may have fixed sections of route, it is not practical to identify a route and timetable over the entire length of the service. Instead, as part of the registration an operator defines:

(a) a geographical area of flexible operation (with or without details of any fixed part of the route), and/ or

(b) fixed stops

A geographical area of operation is a specified area within which the flexible service operates. The below example shows an area of operation that serves a small town.

In this example, passengers can pre-book to be picked up and set down anywhere within the area of operation. This is often referred to as a ‘many to many’ journey.

Although the area can be of any size, it can only serve one or more local communities or neighbourhoods. For example, an area of operation covering a large part of a county could not be said to fall within this definition. However, an area encompassing a town or a number of adjacent rural villages could.

In addition to providing ‘many to many’ journeys in an area of operation, the buses can also serve fixed stops. This would allow, for example, a vehicle to pick up individual passengers from a location within the area of flexible operation and take them to a single, fixed destination (a so called ‘many to one’ journey). An example could be a minibus that picks up passengers from any location in a group of villages (covered by the area of flexible operation) and takes them to a fixed stop (which may or may not be timetabled) in an adjacent town. The service itself could have a number of fixed destinations. The service could also operate in the other direction (say, to provide return journeys), with passengers picked up from fixed stops outside the area of flexible operation and taken to different destinations inside it, on demand (a ‘one to many’ journey). The below example shows a ‘one to many’ service with stops outside schools, hospitals etc.

A more complex arrangement could involve specifying a number of areas of operation and a number of fixed stops, creating a flexible network as shown in the below example.

Where a booking is accepted for a journey to two consecutive stopping places that are more than 15 miles apart, that part of the journey does not fall within the definition of a registered local service. The record-keeping requirements outlined below do not apply, nor are such services subject to regulatory action by a traffic commissioner.

Pre-booking

A feature of a flexible service is that it is “provided primarily for the purpose of carrying passengers who have booked in advance”. Instead of providing a timetable showing individual buses stopping at particular stops, operators take pre-bookings from passengers for individual journeys (either with the operator itself or via an intermediary – e.g. an agent, mobile app, or call-centre) before travelling. There is no minimum pre-booking period. That is an operational matter for the operator. However, passengers cannot make a booking using any method (or direct with the driver) when the vehicle is present as that may infringe Hackney Carriage (taxi) law.

However, passengers who have not pre-booked may be carried in certain circumstances as detailed below.

Operators are not under any obligation to carry every passenger that enquires about a booking. There may be instances where the operator could not meet the travel demands of individuals, e.g., because the time and places where the person wished to travel could not be accommodated (although there may be scope to negotiate alternative times). The registration requirements would only apply where the operator has accepted a particular booking.

Passengers who have not pre-booked

As detailed above, flexible services are provided wholly or principally for passengers who have pre-booked. So, while a clear majority of passengers must have pre-booked, room may be made for some who have not. However, passengers that have not prebooked cannot alter the existing route of the vehicle to suit their journey. So, for example, they may travel on a flexible service in the following circumstances:

• between fixed stops that are timetabled

• where they are carried as extra passengers accompanying other passengers who have pre-booked, for those passengers’ entire journey. However, there must be: (a) sufficient room on the vehicle taking into account all the pre-bookings for that journey; and (b) doing so would not move the journey times of existing pre-booked passengers outside the maximum 20-minute time window detailed below.

Time windows

Operators of registered flexible services have the freedom to agree pick up and arrival times individually with each passenger during pre-booking, taking into account other pick-ups and traffic conditions. However, once the operator accepts a booking, the vehicle must arrive at each individual passenger pick-up and destination within a maximum 20-minute time window of the agreed time. The time window may be either a period specified by the operator (i.e., the vehicle will arrive at a particular stop between 10:00 and 10:20am) or be specified by reference to the pick-up time requested by the passenger (i.e., not more than 10 minutes before or 10 minutes after the agreed pick-up time).

For example, an individual booking scheduled to pick up a passenger from their home at 10am and drop them off at the shopping centre at 10:30am, must arrive at the passenger’s home no earlier than 9:50am and no later than 10:10am. Likewise, the operator must specify that the vehicle will reach its destination during a 20-minute period or less (i.e. that, in the above example, it will reach the shopping centre between 10:20am and 10:40am. Of course, it is important that all passengers are ready to travel when the vehicle arrives, to ensure that it is not late picking up subsequent passengers sharing the vehicle.

A traffic commissioner does have the discretion to grant a time window greater than 20 minutes in exceptional circumstances. However, a traffic commissioner must believe there is a good case for doing so.

Record keeping

In the absence of a fixed route and timetable, a traffic commissioner must have some other means of determining whether an individual operator is providing the service outlined in the registration. Therefore, operators are required to keep a record of each booking taken and their on-the-road performance in satisfying it. Such details (accessible either in paper or electronic form) should comprise the following for each booking taken:

• name and contact details that would enable a traffic commissioner to subsequently contact each passenger that used the service (contact details can comprise address, telephone number, email address, etc)

• the date of the journey

• the agreed time and place where the passenger was picked up and set down

• the actual time the vehicle arrived to pick them up and reached their destination.

Records must be kept for period of at least 12 calendar months from the date the journey was made (a traffic commissioner has the discretion to extend the record-keeping period for individual operators). In practice, the operator, a call-centre or a local authority (e.g. in the case of a subsidised service) can keep this data. The operator must also make it available to a traffic commissioner (or their representatives) on request. It is the operator’s responsibility to ensure that this data is complete for the full 12-month period (or longer at the direction of a traffic commissioner). A traffic commissioner can take regulatory action against an operator if it is incomplete.

Keeping details of individual passengers does have data protection implications. It is for individual operators to ensure they meet the relevant requirements of the Data Protection Act 2018 – this may include registering as ‘data controllers’ by contacting the Information Commissioner’s Office.

Display and publication of service information

The fare structure is key to ensuring that individual fares are charged on flexible services. Operators are therefore required to display fares (whether in tabular form or otherwise) in a prominent position inside each vehicle providing a flexible service. These must be clearly legible to passengers and enable them to easily see the fare for their journey.

Each bus must also display in a position clearly legible from the outside of each vehicle the name of the service.

It is also important that prospective passengers are fully aware of how flexible services operate before they make a booking. Therefore, operators are required to include the following details in any passenger information (whether in written or electronic form):

• a statement that it is a flexible bus service and that

(a) passengers must book in advance (except in the circumstances outlined above)

(b) all the seats on the vehicle are available for pre-booking (i.e. there can be no exclusive hire), which will determine its route

(c) passengers making individual bookings may travel together on the same vehicle

• the arrangements for pre-booking

• the times when a booking may be made (e.g. 8am – 10pm, Monday to Friday, 52 weeks a year)

• a description or map of the area of flexible operation

• details of any fixed stopping places, with timetable information for any that are timetabled

• whether the operator intends to meet the travel demands of every prospective passenger, and if not what arrangements (if any) will be made where a person’s travel demands cannot be met

• information about fares so that each prospective passenger can easily work out the fare for their intended journey

• the time window that will apply (up to a maximum of 20 minutes).

Cross-boundary services

• Into Scotland

If a flexible service is planned to extend across the Scottish border, the operator will have to register that section in accordance with the regulations in force in Scotland.

• Into a franchise scheme area

A service crossing into a franchise scheme area will also require a service permit from the local transport authority. A flexible service registration cannot be granted until a service permit has been obtained from the local transport authority. Please see above section on franchised services. 

• Between traffic areas

The service should be registered in the traffic area where the largest part of the registered area of operation is situation, or where there are the greatest number of fixed stops.

Notice Periods

The notice periods and fees for flexible services are the same as standard services.

Published 27 February 2024