77.Section 6 of the 1985 Act requires the operator of a local service (as defined in the 1985 Act) to register its particulars with a traffic commissioner. Section 38 amends section 6 to disapply this requirement in the case of a service that is a local bus service for the purposes of the Act. However, the effect of the amendments to section 6 is that community bus services and services provided under section 46 of the 1981 Act (both of which are local bus services) will still be required to register unless they are operated under a local bus service contract or a local bus service permit. In a case where a local bus service permit is suspended, the permit will be treated as still having effect for this purpose. This is to ensure that a community bus service or a service provided under section 46 of the 1981 Act does not fall back into the section 6 registration regime because the local bus service permit granted in respect of it is suspended.
78.In the context of cross-border services, the effect of the amendments to section 6 is that where a standard local bus service has any stopping places outside Wales, or any point outside Wales at which travellers may ask to get on or off the service, the part of the service operating in England (and only that part) will still need to be registered with the traffic commissioner. Where a flexible local bus service has any part of its area of operation outside Wales, the part of the service operating in England (and only that part) will also still need to be registered with the traffic commissioner.
79.Section 39 provides that where (by virtue of section 38) a local bus service ceases to be a local service for the purpose of section 6 of the 1985 Act, that service’s registration under section 6 of the 1985 Act automatically ceases to have effect.
Commentary on Sections Transport Act 1985: registration of services with traffic commissioner