Community transport (CT) operators in the UK have joined together to form a campaign to stand up for the community transport sector which provides essential services for hundreds of thousands of people whose mobility is restricted.

The campaign – called Mobility Matters– specifically sets out to challenge the proposed changes to section 19 and 22 legislation set out in a letter from the Department for Transport (DfT) on 31 July. The letter asserts that this regulatory system, which has been the cornerstone of community transport operation since 1977, has largely been superseded by a 2009 European Regulation.

Underlying the DfT’s letter is an unforeseen reinterpretation of the term ‘non-commercial’ that flies in the face of all other guidance previously issued by them and current accepted practice. It overturns the approach of 40 years of legislation.

The recommendations of the letter – if enforced – would have a catastrophic impact on the CT sector and its ability to provide essential transport to the individuals and communities it serves, many of whom are vulnerable, elderly or disabled people.

Due to the uncertainty caused by this letter, some CTs have ceased operations and some local authorities have taken the precautionary and pre-emptive stance of cancelling or changing the terms of contracts. This has happened despite no actual change in the law.

The campaign is being steered by a number of CTs from across the UK and is being facilitated by the TAS Partnership. The campaign sets out to:

• raise awareness at a political level and argue the case to the key powers – there is too little understanding of what the modern CT sector does and how, and the potential impacts of the loss of CT services if the letter is enforced;
• obtain an expert legal opinion to examine whether the DfT is either required or able to enforce its new interpretation of the regulations;
• provide clarity and advice to CTs and CT commissioners in the wake of the DfT’s letter – explaining in simple terms, the implications of any complex or unclear legalese;
• set out local and national evidence of the powerful social value of CT groups and their services; and
• provide a platform for airing problems and issues, and to offer mutual support – this issue affects all operators of s19 and s22 vehicles with more than 8 passenger seats (S10B in Northern Ireland), and for whom transport is their primary purpose.

TAS director John Taylor, who has been at the forefront of community transport development for nearly 40 years, explained: “It is important that people understand that the DfT letter is the result of an ongoing licensing hearing. 

“Not only has this hearing yet to reach a final conclusion – it could potentially be appealed – it is not a decision by a court, nor does it constitute case-law. Changes in interpretation as drastic as are being proposed could impact on hundreds of thousands of people and need to be tested in a court before even thinking about implementation.”

John concluded: “At this moment the CT sector needs to use a unified voice and harness a collective energy to ensure it can continue to provide its unique and lifeline services which enable vital access to the most vulnerable, mobility-restricted, lonely and isolated members of the community. It could be any one of us or our loved ones that need these services either now or in the future and as a country, we are entirely reliant on the CT sector for their safe and affordable provision.

“To protect valuable services across the country, we believe that instead of what is proposed, a more holistic and fully sympathetic review of the permit system is needed. While such a review is ongoing, we urge the DfT to withdraw their letter. ”