The Department for Transport (DfT) has recently issued new guidance on the "exclusively non-commercial purposes exemption" from the requirement to hold a public service vehicle (PSV) operating licence, which is relied on by many community transport charities.
The new guidance follows a judicial review in 2019 which raised an important point of principle on the distinction between activities being commercial in nature and/or carried on in a business-like manner; and the purpose of an organisation engaging in those activities being commercial or non-commercial.
It represents a radical shift in emphasis from the guidance that DfT consulted on in 2018, which posed an existential threat to many community transport organisations.
Russell-Cooke partner Michael Stacey comments in Civil Society that a U-turn on community transport may have wider implications for charities.
Updated DfT guidance will help community transport charities is available to read on the Civil Society website via subscription.
Michael is a partner in the litigation team. His particular specialism is regulatory and public law.
Michael acts for regulators, businesses, charities, other institutions and private clients in regulatory investigations, complex disciplinary proceedings (including statutory appeals), judicial reviews, professional liability disputes and other regulatory litigation.