COMMUNITY transport operators in West Devon have welcomed a High Court judgment apparently relieving them from complying with costly EU legal requirements aimed at commercial bus companies.

The Bus and Coach Association wants all not-for-profit transport companies in competition with commercial companies to abide by the same legislation.

However High Court judges Lord Justice Leggatt and Mr Justice Lewis ruled on December 6 that commercial transport organisations would not be considered commercial just because they charged a fare or paid drivers. Instead the purpose of an organisation ‘in the round’ – such as the service it provided for the community – should be taken into account.

Tim Cairns, head of policy at the Community Transport Association, said: ‘Following the judgment it is clear that community transport operators can go on relying on non-commercial exemption.’The judgment was given in response to an action brought by the Bus and Coach Association, representing commerical operators, against the secretary of state for transport.The association led by commercial operator Martin Allen brought the judicial review against the DfT for failing to prosecute community transport organisations operating without a public service vehicle operator’s licence (an ‘O’ licence).This is a licence which applies to buses with more than nine seats where a fare is charged. Because community transport services like the Okehampton District Community Transport Association, Tavistock Ring and Ride service, Tavistock Country Bus and the Tamar Valley Community Bus charge a fare, albeit one that does not generally cover the cost of the service, they were worried they would face the extra cost of a commercial lience for the service running into thousands of pounds.However in setting out its judgement, the High Court appeared to suggest that services run for the good of the community would still be considered exempt as ‘non commercial services’.A spokesperson from the DfT said: ‘The department will amend its guidance to bring it into line with the High Court’s decision in due course.’Community transport organisations in and around Tavistock have welcomed the view of the Community Transport Association that they can now carry on as they are.Tavistock Country Bus chairman Derek de Glanville said: ’This is fantastic news for community transport, not only locally, but in the whole of the UK, and will result in its existence for the foreseeable future.’David Harding, chairman of the Tamar Valley Community Bus Association, which runs a bus ring-and-ride service around Calstock operated by 11 volunteer drivers, said: ‘There are thousands of community buses throughout the country based on volunteers which people rely on and if they collapsed it would just be chaos in he rural areas.’‘We provide a service for Calstock parish for people who are in the main elderly on narrow roads that a service bus wouldn’t operate on. ‘We have people using the service in their 90s. It is a social thing and a lifeline for them.’Okehampton District Community Transport Group, which offers both ring and ride and trips out for housebound people, will comment after it has read the judgment for the court.