A JUDICIAL review is to be carried out into secretary of state for transport Chris Grayling’s failure to enforce European regulations that threaten the future of community bus services, writes local democracy reporter Daniel Clark.

The High Court has approved the Bus and Coach Association’s request for a judicial review application against the secretary of state for transport for his failure to enforce the rules that would mean that community buses with more than nine seats would be subject to the same regulations as buses, minibuses and coaches run for profit.

Up to now community transport, run for the benefit of local people, has effectively been exempt from full commercial licensing and the associated costs with it.

But complaints from the commercial bus sector have been made after some organisations were ‘extracting the urine’ over the exemption as the London Borough of Hackney was running coach services in Coventry and Sussex and had over 50 coaches operating,

In Devon, the community transport sector accounts for approximately 239,000 passenger trips a year and a survey of community transport schemes in Devon last year revealed there are currently around 75 paid permit drivers and 150 volunteers driving minibuses in the county.

More than 15 community bus schemes in Devon including Okehampton and District Community Transport Group and Tavistock and District Local Transport Partnership (Ring and Ride), the Tavistock Country Bus and the Tamar Valley Community Bus, could be placed under threat if the judicial review sides with the Bus and Coach Association’s review and compels the court to issue an order to force a new enforcement policy and force community transport groups, operating on a not-for-profit basis, to apply for permits to carry passengers in a bus or minibus without requiring a Public Service Vehicle operator’s licence, or face prosecution.

If the judicial review sides with the Bus and Coach Association, then voluntary and community transport groups will either have to achieve full commercial licensing standards or meet certain restrictions to gain an exemption from EU rules.

Cllr Roger Croad, Devon County Council Cabinet member with responsibility for community transport, told a full council meeting last week: ‘There had been complaints from the commercial bus sector to the UK Government, its enforcement agencies and the European Commission regarding non-compliance and unfair competitive advantage by community transport operators in some areas, particularly regarding competitively tendered contracts for home-to-school and day care transport services for local authorities.

‘Some community transport operators were clearly “extracting the urine” as the London Borough of Hackney was running coach services in Coventry and Sussex and had over 50 coaches operating so the commercial section brought an action against the secretary of state to do something,’ he said. ‘But he hasn’t done anything and I don’t think the Department for Transport know their armpit from their elbow.’

He produced a written report to update members on the latest with the community transport review but added: ‘If it was just action from the Department for Transport, it would be a blank piece of paper.’

Cllr Croad added: ‘What we don’t want to do is for any of the essential community transport services in Devon to get penalised in any way. Many community transport groups are already struggling to replace retiring volunteers and additional licensing requirements are likely to result in more volunteers leaving schemes.

‘The county council has successfully encouraged the development of community transport services in Devon over the past 30 years, including community buses and a network of Ring and Ride services and we want to see them continue. In a rural county like Devon, they make a valuable contribution to the public transport system.

‘My message to community transport operators in Devon at the moment is to keep calm and carry on but if the court does find against the secretary of state, a plan has to come out of the Department for Transport for this and we will have plans B, C, D and E to deal with it.”

Cllr Philip Sanders said that it would be a very serious problem in rural areas if the High Court found in favour of the Bus and Coach Association. He said: ‘Areas like Tavistock and Okehampton rely almost entirely on voluntary bus transport and without this the people wouldn’t cope at all, and they simply couldn’t operate and run if they had to apply for the licence.

‘My worry is that a court may take a decision against the community transport organisers and if that happens, many will not be able to continue in business. We need to be looking at what we can to do support them in the event of this happening.’

Cllr Rob Hannaford, who asked for the report to come to the council, said that for once the lack of action from the secretary of state for transport had not meant that the wrong thing has happened.

A council spokesman had previously said that if the European regulations were enforced, the resulting pressures on Devon County Council’s budget would restrict the authority from replacing anything but the most essential services.

They added: ‘This would mean that all leisure or recreational trips and outings could be withdrawn for those not able to travel on public transport.

‘Many community transport groups in Devon also run other services alongside minibus transport, including community car schemes and Shopmobility. If the community group cease operating, these other services may also be lost.

‘The effect on passengers could mean a decrease in access to health appointments at doctors’ surgeries and hospitals, leading to physical and mental health issues not being addressed.’