TAS was pleased to see that on the last day of 2020, the Department for Transport published its long-awaited guidance on the use of s19  and s22 Permits following the Judicial Review judgment in November 2019. TAS supported Mobility Matters since the ‘infamous’ Stephen Fidler letter of 31 July 2017 [Yes, it has been that long!] and supported the joint Mobility Matters / CTA representation during the legal proceedings.

 
The DfT guidance is in the form of an update (section 3) to their standard web guidance on permits. https://www.gov.uk/government/publications/section-19-and-22-permits-not-for-profit-passenger-transport/section-19-and-22-permits-not-for-profit-passenger-transport#guidance-on-eu-regulation-10712009-for-permit-users-in-gb

 

The relevant section is attached for download.
https://taspartnership.co.uk/wp-content/uploads/2018/02/DfT-Guidance-following-the-JR-released-31-12-20.pdf

 

TAS will be providing a detailed commentary early in the New Year, but in general terms this guidance:

1. Is helpful to the CT sector as the DfT accepts many of the detailed arguments that Mobility Matters and CTA have been making
2. Will disappoint anyone who was hoping for guidance that prevents CTs from undertaking competitive contract work for public authorities
3. Does put an onus on CTs to be clear and transparent with their objectives when undertaking particular services
4. Will be assisted if local authorities modify their commissioning processes so that they explicitly take into account their social value duties and their integration duties under s88 Transport Act 1985.

Happy New Year from all of us at TAS