PSVAR: know what the changes are
Bus & Coach Buyer’s legal advisors at Stone King LLP explain the detail of Baroness Vere’s derogations for PSVAR.
The piecemeal introduction of PSVAR regulations continues apace with applications for further “medium term” exemptions for home to school transport and rail replacement having opened. These will replace the current short term special authorisations and will commence on 1 July 2022 and run until 31st July 2026.
The grant of an exemption will not mean that operator’s can rest on their laurels however. Part of the driver for the new exemption period is disquiet within the DfT regarding the lack of compliance thus far and a recognition that there needs to be a carrot and a stick going forward to require the operator concerned to progressively increase the compliance rate among its vehicles that are available for in-scope services. Although the exemptions do not expire until the end of July 2026 all an operators vehicles must be at least partially compliant with PSVAR by 1 August 2025.
What amounts to partial compliance? This would mean circumstances in which a vehicle satisfies the Regulations in relation to the seats, steps (in main part), handrails, floor and gangway, but not compliance with wheelchair use requirements.
In terms of incentivising compliance there are 4 bands in terms of in scope fleet size that are of relevance recognising that different-sized fleets may develop at a different rate. All vehicles may be exempt up until 31 July 2023.
- Band A encompasses fleets up to 5 vehicles. By 1 August 2023 25% of the in scope fleet must be partially compliant. By 1 August 2024 50% must be partially compliant. By 1 August 2025 1 vehicle must be fully compliant and the remainder partially compliant.
- Band B encompasses fleets between 6-9 vehicles. By 1 August 2023 25% of the in-scope fleet must be partially compliant. By 1 August 2024 at least one vehicle must be fully compliant and at least 50% must be partially compliant. By 1 August 2025, at least two vehicles must be fully compliant, and the remainder of the fleet must be partially compliant.
- Band C encompasses a wider sized in scope fleet being 10 to 29. By 1 August 2023 at least 25% of the fleet must be at least partially compliant. By 1 August 2024, at least 15% of the fleet must be fully compliant and at least 50% of the fleet must be partially compliant. By 1 August 2025, at least 25% of the fleet must be fully compliant with the rest partially compliant.
- Band D encompasses in scope fleets over 30 vehicles. By 1 August 2023 at least 15% of the fleet must be fully compliant and at least 25% must be partially compliant. By 1 August 2024, at least 25% must be fully compliant and at least 50% must be partially compliant. By 1 August 2025, at least 35% of the fleet must be fully compliant and the rest must be partially compliant.
Should an operator’s in scope fleet change in size over time such as their banding changes they will need to ensure they comply with the band they are actually in at all times. So an operator who moves from having 9 vehicles to 10 in scope will have to comply with the requirements of Band C once the in scope fleet has increased. It is of course also possible to move down bands too. Any band change should be reported to the DfT.
The cut off dates for applications are 17 May for rail replacement and 31 May for home-to-school transport.