The government have published a call for evidence from key stakeholders such as bus and coach companies, and the public, on the Public Service Vehicle Accessibility Regulations (PSVAR). The PSVARs’ objective is to ensure that coaches and buses used by the public are easily accessible for elderly and/or disabled people. The PSVAR do this by implementing several requirements for bus and coach operators to adhere to that cover wheelchair access and general access requirements. Whilst compliance is generally considered good for bus services, grey areas remain on the applicability of the regulation to coaches.

The regulations prescribe requirements for coach operators that are “in-scope” to comply with certain accessibility requirements on their vehicles. However, the grey areas relate to whether those vehicles are “in-scope” of the regulations. Coach operators are likely to be “in-scope” of the regulation if they operate coaches that are single or double decker, carry more than 22 passengers and operate “local services” or “scheduled services”.

The call for evidence is currently being run by the Department for Transport and a link is provided, by which we encourage engagement, should you be affected by PSVAR:

Provision of a local service & scheduled service

The definition of a “local service” can be found in the Transport Act 1985. This definition encompasses taking passengers under “separate fares” unless a passenger gets off 15 miles from where he got on (if measured in a straight line).  How coach operators treat this definition varies across the sector with the call for evidence from the government recognising the need for the coach sector to understand this point.

Exemptions to local services definition are covered in the Transport Act 1985 and the Public Passenger Vehicles Act 1981. If a coach service operates under a permit granted under the Transport Act 1985 then this will not be operating a local service. These permits are usually provided to educational bodies or those exempt bodies that are operating smaller routes which a have a minor impact on the transport market. Whilst the Public Passenger Vehicle Act 1981 provides an exemption for services where passengers are brought together by a person who does not hold a Public Service Vehicle license or arrangements have been made by a person other than the driver or owner of the vehicle.

The other definition of “scheduled service,” which brings vehicles in scope of PSVAR is given in legislation as:

“scheduled service” means a service, using one or more public service vehicles, for the

carriage of passengers at separate fares–

(a) along specified routes,

(b) at specified times, and

(c) with passengers being taken up and set down at pre-determined stopping points,

but does not include a tour service.

Should a coach operator provide services under local or scheduled services as defined above, they will have to ensure the coaches they are operating meet accessibility requirements set out in the PSVAR. In particular services run by coach operators that are either home-to-school or Rail Replacement services have caused issue due to the lack of clarity on whether PSVAR applies.

Call for evidence

The call for evidence indicates that the home to school and rail replacement services are treated as in-scope despite the lack of clarity on the point regarding “separate fares.” Through the PSVAR call for evidence the sector has an opportunity to engage the DfT to ensure the compliance is achieved and cost to the sector does not cause smaller operators to go out of business.