The Public Service Vehicles Accessibility Regulations 2000

Made: 20th July 2000

Laid before Parliament: 24th July 2000

Coming into force: 30th August 2000

The Secretary of State, in exercise of the powers conferred upon him by sections 40(1), (2) and (6), 41(2), 42(3), (4) and (5), 44(1)(b), 2(b) and (4), 45(1) and 67 of the Disability Discrimination Act 1995[^f00001] (“the Act”) and of all other powers enabling him in that behalf and after consultation with the Disabled Persons Transport Advisory Committee and such other representative organisations as he thought fit in accordance with section 40(7) of the Act and with such representative organisations as he thought fit in accordance with section 45(4) of the Act, hereby makes the following Regulations:

PART I — Preliminary

Citation, commencement and extent

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These Regulations may be cited as the Public Service Vehicles Accessibility Regulations 2000 and shall come into force on 30th August 2000.

Interpretation

2

• (1) In these Regulations—

• “the 1970 Directive” means Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers[^f00002], as last amended by Commission Directive 98/14/EC of 6 February 1998[^f00003];

• “the 1981 Regulations” means the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981[^f00004];

• “accessibility certificate” means a certificate issued by a vehicle examiner in accordance with Part III;

• “bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers which is of category M₂ or M₃ (as defined in Annex II(A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;

• “coach” means a public service vehicle designed and constructed for the carriage of seated passengers only which is of category M2 or M3 (as defined in Annex II(A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;

• “conformity certificate” means a certificate issued by a vehicle examiner in accordance with Part VI;

• “declaration of conformity” means a declaration made by an authorised person in accordance with Part V;

• “double-deck”, in relation to a bus or coach, means that the spaces provided for the passengers are arranged (at least in one part) on two superimposed levels and that space for standing passengers is not provided on the upper deck;

• “EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993[^f00005];

• “local service” has the same meaning as in section 2 of the Transport Act 1985[^f00006];

• “motor vehicle” has the same meaning as in Annex II(A) to the 1970 Directive;

• “regulated public service vehicle” means any public service vehicle to which these Regulations apply in accordance with regulation 3(1);

• “scheduled service” means a service, using one or more public service vehicles, for the carriage of passengers at separate fares— along specified routes, at specified times, and with passengers being taken up and set down at pre-determined stopping points, but does not include a tour service;

• “seated passengers” means the number of seated passengers that a vehicle may carry in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984[^f00007];

• “standing passengers” means the number of standing passengers that a vehicle may carry in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984;

• “tour service” means a service where a public service vehicle is used for or in conjunction with the carriage of passengers to a particular location, or particular locations, and back to their point of departure;

• “type vehicle approval” means an approval given by the Secretary of State in accordance with Part IV;

• “weight” means design weight as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986[^f00008] and the words “weighs” and “weighing” shall be construed accordingly;

• And other expressions used in Schedules 1 to 3 have the meanings given to them respectively in paragraph 1 of those Schedules.

• (2) For the purpose of these Regulations, the date on which a regulated public service vehicle is “first used” shall be taken to be such date as is the earlier of the relevant dates mentioned below applicable to that vehicle, that is to say—

• (a) in the case of a vehicle registered under the Roads Act 1920[^f00009], the Vehicles (Excise) Act 1949[^f00010], the Vehicles (Excise) Act 1962[^f00011], the Vehicles (Excise) Act 1971[^f00012] or the Vehicle Excise and Registration Act 1994[^f00013], the relevant date is the date on which it was first so registered; and

• (b) in each of the following cases:

• (i) a vehicle which is being or has been used under a trade licence within the meaning of section 11(1) of the Vehicle Excise and Registration Act 1994 (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);

• (ii) a vehicle belonging, or which has belonged, to the Crown which is or was used or appropriated for use for naval, military or air force purposes;

• (iii) a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which (in each case) the Visiting Forces and International Headquarters (Application of Law) Order 1965[^f00014] applies;

• (iv) a vehicle which has been used on roads outside Great Britain and which has been imported into Great Britain; and

• (v) a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;

the relevant date is the date of manufacture of the vehicle.

• In case (v) above, “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring the vehicle solely for the purpose of resale or re-supply for valuable consideration.

PART II — Application of Regulations, Exemptions and Recognition

Application

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• (1) These Regulations apply to public service vehicles of the types described respectively in paragraphs (2) to (7) (a “regulated public service vehicle”) in the manner and to the extent set out in this Part.

• (2) A single-deck bus which weighs more than 7.5 tonnes and is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a single-deck bus which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2000,

shall not require any certificate relating to Schedules 1 and 2 until 1st January 2016.

• (3) A single-deck bus which weighs 7.5 tonnes or less and is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedule 2, except that a single-deck bus which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2000,

shall not require a certificate relating to Schedule 2 until 1st January 2015.

• (4) Without prejudice to paragraph (3), a single-deck bus which weighs 7.5 tonnes or less and is in use on or after 1st January 2005 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck bus which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2004,

shall not require a certificate relating to Schedule 1 until 1st January 2015.

• (5) A double-deck bus which is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a double-deck bus which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2000,

shall not require any certificate relating to Schedules 1 and 2 until 1st January 2017.

• (6) A single-deck or double-deck coach which is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedule 3, except that a single-deck or double-deck coach which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2000,

shall not require a certificate relating to Schedule 3 until 1st January 2020.

• (7) Without prejudice to paragraph (6), a single-deck or double-deck coach which is in use on or after 1st January 2005 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck or double-deck coach which—

• (a) is first used before that date; or

• (b) is manufactured before 1st October 2004,

shall not require a certificate relating to Schedule 1 until 1st January 2020.

• (8) The certificates referred to in paragraphs (2) to (7) are the certificates (and any other associated approval and declaration) issued in accordance with Parts III to VI and which, when so issued, signify the compliance and conformity of the vehicle concerned with the Schedules specified respectively in those paragraphs.

• (9) In paragraphs (2) to (7)—

• (a) “first used” is to be construed in accordance with regulation 2(2); and

• (b) references to a vehicle being “used” or “in use” means the regulated public service vehicle is being used to provide either a local service or a scheduled service.

Exemptions

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• (1) The requirements specified in regulation 3 do not apply to a regulated public service vehicle which is—

• (a) an off-road vehicle within the meaning of paragraph 4 of Annex II(A) to the 1970 Directive;

• (b) used in accordance with section 19 of the Transport Act 1985[^f00015];

• (c) used for the secure transport of persons (including prisoners);

• (d) specifically designed for the carriage of injured or sick persons;

• (e) used by or for purposes of a Minister of the Crown or government department or in the service of a visiting force or headquarters; or

• (f) a vehicle in respect of which twenty years have elapsed since the date of its first use on a road and which is not used to provide a local service or a scheduled service for more than 20 days in any calendar year.

• (2) The requirements of the Schedules specified below shall not come into effect in relation to any regulated public service vehicle to which those Schedules may apply until 1 January 2004; and, accordingly, any certificate, approval or declaration issued, given or made in accordance with Parts III to VI shall be valid notwithstanding that the vehicle does not comply with those requirements.

• The requirements are those specified in—paragraph 5(3)(b) to (e) of Schedule 1 (boarding lifts and ramps); andparagraphs 7(3)(c) and 4(c) of Schedule 3 (to the extent that they apply to a route number display and destination display fitted in accordance with paragraph 7(1)(b) of that Schedule).

Recognition of EEA equivalent requirements

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• (1) The requirements of these Regulations specified in Schedule 1, or Schedule 2 (but not paragraph 8 of Schedule 2), shall not apply to a bus of Class I for which a Certificate of Conformity has been issued on the basis that the bus complies with Article 3 to the 2001 Directive and in such a case the vehicle examiner may issue an accessibility certificate in respect of the bus as though the bus had complied with those requirements of these Regulations.

• (2) In the case of a bus which has not been issued with an accessibility certificate pursuant to paragraph (1), the requirements of these Regulations specified in Schedule 1, or Schedule 2 (but not paragraph 8 of Schedule 2), shall not apply if the bus satisfies—

• (a) the requirements of—

• (i) such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and

• (ii) Annex VII to the 2001 Directive; or

• (b) the requirements of—

• (i) such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and

• (ii) Annex 8 to ECE Regulation 107.01 or 107.02,

and in such a case the vehicle examiner may issue an accessibility certificate in respect of the bus as though the bus had complied with those requirements of these Regulations.

• (3) The requirements of these Regulations specified in Schedule 1, or Schedule 3 (but not paragraph 7 of Schedule 3), shall not apply to a coach which satisfies—

• (a) the requirements of—

• (i) such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and

• (ii) Annex VII to the 2001 Directive; or

• (b) the requirements of—

• (i) such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and

• (ii) Annex 8 to ECE Regulation 107.01 or 107.02,

and in such a case the vehicle examiner may issue an accessibility certificate in respect of the coach as though the coach had complied with those requirements of these Regulations.

• (4) Where there is produced to the Secretary of State evidence that satisfies him that a regulated public service vehicle has been found by the competent authority of another EEA State to conform with requirements that are equivalent to all, or some of, the requirements prescribed for that vehicle under these Regulations (including the requirements of the 2001 Directive or the requirements of ECE Regulation 107.01 or 107.02 mentioned in paragraphs (1) to (3) above), that vehicle shall, by virtue of that evidence, be regarded as conforming with those (and only those) requirements for the purposes of these Regulations.

• (5) In this Regulation—

• (a) “the 2001 Directive” means Directive 2001/85/EC of the European Parliament and Council of 20th November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat and amending Directives 70/156/EEC and 97/27/EC;

• (b) “a bus of Class I” means a bus constructed with areas for free standing passengers, to allow frequent passenger movement; and

• (c) “a Certificate of Conformity” means a certificate issued by a manufacturer—

• (i) pursuant to regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998, or

• (ii) under any provision of law of a Member State other than the United Kingdom giving effect to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.

• (d) “ECE Regulation 107” means ECE Regulation No. 107 containing uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction which came into force on 18th June 1998 as an annex to the UNECE Agreement;

• (e) “ECE Regulation 107.01” means ECE Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;

• (f) “ECE Regulation 107.02” means ECE Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007; and

• (g) “the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.

PART III — Accessibility Certificates

Introductory

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This Part has effect with respect to the issue by a vehicle examiner in respect of a particular regulated public service vehicle under section 41(1)(a) of the Act of a certificate that such provisions of these Regulations as relate to that vehicle are satisifed in respect of it, and in this Part, Part VII and Schedule 4 the certificate so issued is referred to as an “accessibility certificate”.

Applications and fees for accessibility certificates

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• (1) Every application for an accessibility certificate shall be made to the Secretary of State in writing.

• (2) The prescribed fee for an application for an accessibility certificate—

• (a) on the first application in respect of the vehicle—

• (i) where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £51, or

• (ii) where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £104; and

• (b) on any subsequent application—

• (i) where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £17, or

• (ii) where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £36.

Accessibility certificate

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An accessibility certificate shall contain the information set out in Schedule 4.

PART IV — Approval of a Vehicle as a Type Vehicle

Introductory

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