EU competition laws threaten community transport in Devon

Community transport in Devon could be placed in jeopardy by a challenge made by commercial operators to EU Law.

The 1985 Transport Act in the UK established a permit system to enable community transport groups operating on a not-for-profit basis to carry passengers in a bus or minibus without the requirement for a Public Service Vehicle operator’s licence.

Community transport is provided by a network of voluntary organisations that help people get to the shops, services, medical appointments or leisure activities where no alternative or suitable transport is available. This may be because of rural seclusion, or for disabled or elderly passengers who cannot access or use public transport.

But a group of commercial bus and coach operators have raised as a concern with the European Commission the fact that a number of local authorities have actively encouraged CT provision to replace subsidised local bus services which have been cut due to budget constraints, citing unfair competition as the Community Transport permit system offers a lower cost regulatory system compared to the PSV regime.

A consultation is under way on the permit system, but a report to Devon County Council’s cabinet from Dave Black, Head of Planning, Transportation and Environment, says that the proposals as they stand would significantly increase costs for community transport operators, involve enhanced regulations that would likely reduce the number of willing volunteers to drive minibuses.

Mr Black says: “This is unlikely to be the case in Devon where the majority of our CT operators have contracts with the County Council and employ paid drivers for some services. This will significantly increase costs, and also, enhanced regulations are likely to reduce the number of volunteers willing to drive minibuses, especially older drivers whom the sector is most reliant upon.

“The school, social care and local bus transport contracts which CT groups operate, and get paid for, help the groups to afford to run non-viable routes and additional services such as voluntary car schemes. This work and any opportunities for operating contracts will be lost to the CT groups unless they either convert their operations to an Operators’ licence and their drivers obtain Passenger Carrying Vehicles licences or they meet one or more of the exemptions to the EU regulations."