EXPLANATORY MEMORANDUM TO
THE PUBLIC SERVICE VEHICLES (CONDITIONS OF FITNESS,
EQUIPMENT, USE AND CERTIFICATION) (AMENDMENT) (No.3)
2005 No. 2986
This explanatory memorandum has been prepared by the Department for
Transport and is laid before Parliament by Command of Her Majesty.
These Regulations amend the Public Service Vehicles (Conditions of
Fitness, Equipment, Use and Certification) Regulations 1981 (SI
1981/257)(CoIF) so that compliance with EC Directive 2001/85/EC is
offered as an acceptable means of compliance to the current prescribed
conditions as to fitness of public service vehicles.
Directive 2001/85/EC sets standards for the bodywork of larger
vehicles including minibuses, buses and coaches (classes M2 and M3).
The provisions include requirements for stability, electrical equipment,
seat spacing, step heights, gangway requirements, entrances, exits and
Matters of special interest to the Joint Committee on Statutory
The Public Passenger Vehicles Act 1981 requires that a vehicle
adapted to carry more than 8 passengers and used as a public service
vehicle shall not be used on the road unless a certificate indicating that
prescribed conditions of initial fitness have been fulfilled. Part II of
CoIF prescribes those conditions of initial fitness .
Compliance with the Directive offers an acceptable alternative means
of meeting the domestic requirements, and a new regulation 4A of
CoIF gives legal effect to the Community obligation to ensure that
vehicles which comply with the Directive are not refused or prohibited
from sale, registration or entry into service (article 2.1).
The original proposal for the Directive was the subject of an
unnumbered Explanatory Memorandum dated 30 September 1997 and
later numbered EM 9734/97 which was cleared by the Commons
European Scrutiny Committee on 3 December 1997 (9th