Plans to charge post-16 learners for transport to schools and colleges look likely to be shelved because of legal issues.

Conwy council was due to bring in a charge of £80 per term for Home to School transport for post-16 learners from September 1.

However detail in the The Public Service Vehicles Accessibility Regulations 2000 (PSVAR) means the council cannot charge passengers without adapting buses to meet strict new disability requirements.

A report has been sent to council leader Sam Rowlands asking him to defer the implementation of the charges for a year, so the wrangle can be sorted out.

Talks are continuing between councils, Welsh Government, Department for Transport and industry bodies over a way forward.

The PSVAR rules mean many school buses across North Wales could only be used for free travel or charge fewer than 20% of those using it.

Any buses wishing to charge 20% of passengers or more under the regulations need to conform to stringent new disability standards.

Even second-hand PSVAR-compliant vehicles can cost upwards of £40,000, meaning operators are left with a massive bill for replacing buses and coaches – and having to raise costs.

That would leave cash-strapped councils facing bigger transport bills or having to pass on extra charges to students and their families.

The rules apply to passenger transport carrying more than 22 passengers but it was thought there would be an exemption for school services because they were deemed “non-commercial”.

However a recent legal challenge clarified the situation and any service that charges at least 20% of passengers, including school buses, needs to conform to the PSVAR law.

A report to Conwy councilors claimed some sixth formers could legally be charged as they would constitute fewer than 20% of passengers on many school buses but those accessing post-16 education in colleges would still have to pay.

To head off any accusations of inequality between students the council is recommending scrapping all charges for post-16 Home to School transport.

The report has been circulated to all council members and a decision is due to be made on June 10 – although it appears the council has been hamstrung and will have to follow the recommendation in the report.

It’s another blow to council coffers after the coronavirus pandemic not only saw the authority’s expenditure go up, but income go down.

How badly finances have been affected by the crisis will be discussed later this month the Local Democracy Reporting Service understands.