Definitions

Without a view to profit (not for profit) A vehicle being used under a permit must not be used with a view to profit nor incidentally to an activity which is itself carried on for profit.

A charity would normally be considered to be a not for profit making organisation. In England and Wales charities may be registered with the Charity Commission and, in Scotland, with the Office of the Scottish Regulator but not all charities are registered. If your organisation is registered it should have a registration number which you should quote on your application form.

However an organisation does not necessarily have to have charitable status in order to satisfy this requirement. Societies and clubs whose primary purpose is the provision of services for its members or the local community and not to make a profit may come within this definition.

Commercial organizations, including privately owned schools, nursing homes, activity centres are not eligible to be granted a permit. Furthermore, where the permit holder provides transport services on behalf of another organization (e.g. the permit holder is a separate legal entity formed to provide transport services for another organization), that other organization must also not carry on its activities with a view to profit. The law on the meaning of vehicles being used incidentally to an activity carried on for profit has been considered by the Courts. In that particular case the permit holder. This would not be allowed under a permit.  company established for the sole purpose of providing transport services for five independent schools owned by a partnership, and was a separate legal entity from the partnership. The Court held that, whilst the permit holder did not operate with a view to a profit, the partnership did, and the permit holder was therefore using the vehicle incidentally to an activity which was carried on with a view to profit. The permit holder was not therefore eligible to operate those services under a section 19 permit.

Note

For example, a charity will not be operating for profit when it runs a minibus from sheltered accommodation to the local super market but, if the supermarket offered to pay for the service, this service would be operated incidental to an activity which in itself is carried on with a view to profit, i.e. the supermarket. This would not be allowed under a permit.