Article 60 School Transport Licence Policy Review

In accordance with Article 60 of S.I 191 of 1963, An Garda Síochána (AGS) is authorised by the Minister for Education to grant an Article 60 licence in circumstances where the Minister considers there is a need for ‘special provision’ of school transport.

The licence is used for the carriage of children for reward to and from school. Bus Éireann (BÉ), acting as an agent for the Minister for Education and administrator of the School Transport Scheme, must confirm that there is a need for the transport of children to and from school. BÉ completes Section B of the ‘School’s Licence Application Form’ to confirm that this special requirement exists.

Article 60 licences can only be processed by AGS when this form is presented, as these licences can only be granted when the School Transport Section of Bus Éireann (acting as an agent of the Minister for Education) determines that there is a special need for school transport. These licences cannot be granted in other circumstances.

It is a matter for the PSV Officer to determine if the vehicle and the owner of the vehicle should be granted the licence. To grant an Article 60 licence, the ‘authorised officer’ (PSV Officer) must be satisfied that:

• The vehicle is safe for the carriage of passengers;

and

• The character and previous conduct of the owner of that vehicle are such that the owner is a fit and proper person for that purpose.

If the PSV Officer is satisfied that above conditions are met, they may grant the licence. The Regulations specify that an Article 60 licence is granted to the owner of the vehicle. All nominated drivers and vehicles contracted to the School Transport Scheme (STS) are subject to thorough checks by Bus Éireann, these include the submission of original safety certificates and licences as appropriate (NCT, CVRT, SPSV/LPSV licence, Motor Insurance) at the contract award stage. Vetting of all nominated drivers is carried out by the BÉ vetting section and the Garda National Vetting Bureau. Vetting must be completed before the service can commence.

The duration of the Article 60 licence may not exceed 3 years.

Article 60 licences are issued predominantly to provide Special Education Needs (SEN) transport. 1499 (99%) of the Article 60 licensed vehicles currently operating on the School Transport Scheme (STS) are cars or minibuses. Data relating to Article 60 licences shows that smaller vehicles are predominately used on the School Transport Scheme for SEN transport. This is due to the often-complex individual requirements of the children availing of transport for the scheme.

The number of children availing of transport on the SEN Scheme increased from some 13,410 pupils in 2018 to close to 22,000 pupils in the current school year. The cost of operating the SEN Scheme accounts for over 50% of the total cost of operating the overall STS scheme. Furthermore, of the €217m spent on SEN transport in 2023, €78m relates to the use of vehicles carrying 8 or less passengers.

There is currently a shortage of contractors and drivers, particularly for smaller vehicles, in many areas throughout the country and this has led to significant delays in establishing services for children and young people. Due to the shortage of suitable vehicles, Article 60 licences provide supplementary services to the scheme.

It is necessary to introduce changes to the scheme, to ensure that vehicles which operate under Article 60 are brought into line with the up-to-date regulatory framework that underpins the safe operation of all forms of public transport.

The Department of Transport and the Department of Education and Youth (DoEY) have undertaken a policy review of the licensing regime and have formed a Working Group with An Garda Síochána (AGS) and Bus Éireann (BÉ). The Article 60 School Transport Licence Policy Review seeks to modernise the Article 60 licensing regime to ensure it meets current safety and regulatory standards while continuing to meet the needs of Special Educational Needs (SEN) transport.

There has been a significant increase in demand for Article 60 licences in recent years, signifying an ongoing need for these licences in the context of school transport for the special educational needs sector. Due to low numbers of taxi licence holders bidding for STS contracts in some areas, the use of Article 60 licences acts as a supplement to meet SEN transport needs.

The findings of the Working Group and the policy options identified are set out in detail in the Regulatory Impact Analysis (RIA).

The detail of the four options examined is set out in the Annex, which can be viewed here.

The standard approach of examining a full range of options in the RIA has been taken.

Option 4: Continue to issue Article 60 licences but make provision for aligning the qualifying criteria for an Article 60 licence more closely with the principles underpinning the safe operation of public service vehicles.

The proposed regulatory changes include proposals to:

• Provide that these licences are only granted ‘where the Minister for Education considers that special provision for the carriage of children for reward to and from a school is necessary’, and only for use on SEN transport services.

• Set a vehicle age limit of 15 years, in line with Wheelchair Accessible Vehicles (WAVs).

• Restrict licences to vehicles which can carry a maximum of 16 passengers.

• Include the power to revoke, withdraw or suspend a licence in certain circumstances.

• Standardise the Article 60 licence application procedure, to ensure there is a robust regime in place to carry out vehicle and applicant checks.

• Make provisions for mandatory display of vehicle / driver identification i.e. Vehicle Tags.

• Renaming the licence to better reflect its purpose.

Please provide your views on the following four questions:

1. What is your view on limiting the vehicle age to a maximum of 15 years from the date of registration of the vehicle (In line with the maximum age for Wheelchair Accessible Vehicles)?
2. What is your view on limiting vehicle capacity to 16 passengers and less (i.e. only vehicles which can carry 8 or less passengers, and minibuses which can carry a maximum of 16 passengers can operate with an Article 60 licence)?
3. Do you have any views on the proposal to introduce mandatory vehicle and driver identification for Article 60 licence holders?
4. Are there any other observations you wish to make on the preferred policy option?

To help us better understand the views of different types of stakeholders, please indicate if your organisation qualifies as a micro, small, or medium enterprise (SME), based on the EU definitions set out below:

• Micro enterprise: Fewer than 10 employees and annual turnover or balance sheet total not exceeding €2 million

• Small enterprise: Fewer than 50 employees and annual turnover or balance sheet total not exceeding €10 million

• Medium enterprise: Fewer than 250 employees and annual turnover or balance sheet total not exceeding €50 million

The Department welcomes submissions by 16 January 2026.

To provide your views, click HERE

The Department is subject to the Freedom of Information (FOI) Act 2014 and Data Protection legislation. Personal, confidential or commercially sensitive information should not be included in your submission, and it will be presumed that all information contained in your submission is releasable under the Freedom of Information Act 2014.

To view the RIA click here.