Dear Mr Eriksohn

Re: Following your request for Information from the Council on 27 January 2009

Thank you for your request under the Freedom of Information Act regarding eligibility for concessionary bus passes.

Plymouth City Council issues concessionary passes to those people who are eligible under the criteria set out in the statutory legislation covering concessionary travel. This states that there are seven categories of disability under which a person can be entitled to concessionary bus travel. An eligible person is someone who:

(a) is blind or partially sighted,

(b) is profoundly or severely deaf,

(c) is without speech,

(d) has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,

(e) does not have arms or has long-term loss of the use of both arms,

(f) has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or

(g) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.

As far as people with mental health issues are concerned, they would qualify for, and be issued with a pass if their condition prevented them from holding a driving licence. This can be a permanent condition or one which lasts in excess of 12 months (the minimum period for which passes should be issued).

An extract from the guidance issued by the Department for Transport on eligibility criteria relating to people with mental health issues is shown below.

"(g) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of the Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol."

Under Section 92 of the Road Traffic Act 1988 the Secretary of State may refuse to issue a driving licence on the grounds of the applicant's medical fitness. Those who are currently barred from holding a licence are people with:

i. epilepsy (unless it is of a type which does not pose a danger);

ii. severe mental disorder;

iii liability to sudden attacks of giddiness or fainting (whether as a result of cardiac disorder or otherwise);

iv. inability to read a registration plate in good light at 20.5 metres (with lenses if worn);

v. other disabilities which are likely to cause the driving of vehicles by them to be a source of danger to the public.

It will be seen that specific reference is made to people who persistently misuse drugs or alcohol. Those people are not covered by the definition of 'disabled person' under the Act and are thus not entitled to the statutory minimum travel concession.

It is not a condition of entitlement under this category that the disabled person should apply for and be refused a driving licence (which would be unduly burdensome for everyone involved). If, for people with any of the disabilities (ii) - (iv) listed above, the local authority can be confident that a licence would be refused it should therefore be able to issue the travel pass automatically.

There are a number of categories of "severe mental disorder" under which people may qualify. Authorities will need to assess individuals on a case-by-case basis as eligibility may depend on the severity of the condition. Such conditions include (but are not limited to) dementia (or any organic brain syndrome); behaviour disorders (including post head injury syndrome and Non-Epileptic Seizure Disorder); and personality disorders.

The above list is not comprehensive. Any person with a cardiac, locomotor, renal or neurological disorder might qualify. Where there is doubt about whether someone would be refused a driving licence, the local authority is strongly advised to require independent medical advice.

In addition to the national concessionary scheme, which ensures free travel for persons over 60 and eligible disabled residents between the hours of 0930-2300 Monday to Friday, and any time at weekends and bank holidays, the Council also offers free travel to persons over 80 and registered blind residents before 0930 Monday to Friday. Whilst local authorities can extend the scheme outside of the statutory minimum any additional cost must be met by the individual authority. Consideration has not been given to extending the scheme further than its current format and there are no current plans to extend the scheme in the future.

If you have any future correspondence or questions you in relation to this matter please send them to me at the above postal or email address.

Yours sincerely

Andy Sharp

Public Transport Controller