Bus operation is complex and susceptible to external factors (such as road works and congestion). A degree of flexibility (‘window of tolerance’) has therefore been set when determining if services run on time. Buses should not depart from starting points and registered principal timing points more than 1 minute early or more than 5 minutes late, or arrive at the final destination point more than 5 minutes late. In general, 95% of buses should meet this standard. have processes and sufficient resources in place (taking account of peak vehicle requirements) to ensure that services can be operated in accordance with the registered particulars; Organisations that are registered as charities usually qualify. However, a business which makes, or seeks to make, a profit would not normally qualify, regardless of how it uses any profits or income surplus.

The last example (Example 5) shows evidence of an organisation not meeting the criteria for the ‘main occupation’ exemption: your vehicles are insured and your insurer is aware that your vehicles are used to provide services for hire or reward under a permit

It is important that the traffic commissioner’s statutory powers should not be emasculated by an over elaborate approach to the investigation or an unnecessary attention to detail. See: Transport services operated under a section 19 permit may be eligible if the services provided are used wholly or mainly by:

Staff are encouraged to ensure that they do not adopt an overly prescriptive approach regarding service amendment notices. For example, where failings are identified it may be helpful for staff to recommend to the traffic commissioner to grant short notice of an application or variation designed to achieve compliance. 2.6 Complaints

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persons suffering a degree of social exclusion by virtue of unemployment, poverty or other economic factors, homelessness, geographical remoteness, ill health, or religious or cultural customs Where an operator applies for the period of notice to be abridged and relies on circumstances which could not have been foreseen, the test is not to be applied to the situation as at the date when the application for short notice cancellation is actually made. The test has to be applied at an earlier stage, namely at the date on which the operator would have made the application if he had been able to foresee the events which were not reasonably foreseeable (see 2009/030 Pilkingtons Accrington Ltd trading as King Transport).