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Legal framework

Choosing passenger transport software: the criteria follow from your obligations

Vendor comparisons line up feature lists. None of them names what actually derails a rollout. This article derives the selection criteria from the obligations your operation already carries.

12 min read

Key takeaways

The decision is not made on the feature list but on the obligations the operation already carries. Passenger transport software has to produce audit-proof service records, keep health data separate and role-based, treat vehicle and staff attributes as hard constraints in tour planning, and hand your own data back in full when the contract ends.

  • Passenger transport software is dispatch software for the operator: tour planning, driver app, service records and billing for the company that actually runs the journeys. It is neither a taxi dispatch product nor an application-handling system for local authorities.
  • For German private hire (Mietwagen), section 49(4) of the Passenger Transport Act requires every booking to be recorded in writing or electronically at the business address, and the record kept for one year. An app satisfies this only if it genuinely logs the moment the booking arrives.
  • Accounting vouchers must be kept for eight years under section 147(3) of the German Fiscal Code, ledgers and annual accounts for ten. Anyone holding service records only inside a live system should settle before signing what survives a change of vendor.
  • Diagnosis, wheelchair type and escort requirements are health data under Article 9 GDPR. They belong in a role model where drivers see only what the journey requires.
  • A wheelchair space is not a subset of seating capacity. Software that carries vehicle attributes as a free-text note cannot prevent an inadmissible assignment, only document it.

Search for passenger transport software and you find feature lists first. Tour planning, driver app, live tracking, an interface to accounting. The lists resemble each other closely because they use the same vocabulary, and that is exactly why they help so little. What actually derails a rollout in a passenger transport operation appears on none of them.

This article reverses the order. The requirements do not come from the software, they come from the operation: the payer who rejects a record, the licensing authority that wants to see a log, the GDPR that demands a separate legal basis for health data, and vehicle law that decides which journey may be assigned to which vehicle at all. Those obligations yield selection criteria a vendor either meets or does not. Legal references are current as of September 2026 and describe German law.

What passenger transport software is, and what it is not

Passenger transport software is the dispatch system of the operating company. It plans recurring and one-off journeys, assigns them to vehicles and drivers, supports execution in the vehicle and turns the result into records for billing and for the client. What separates it from neighbouring product categories is not the feature count but the question of whose problem the system solves.

Four building blocks belong together, and the dividing line runs wherever one of them is missing:

  • Dispatch and tour planning. Journeys are bundled into tours under constraints from vehicle, staff and passenger. With recurring journeys across a school year or a dialysis cycle, repetition is the normal case, not the exception.
  • Execution in the vehicle. A driver app shows the tour, captures status updates and carries the pre-departure check. Without it the record is created in the office at night, from memory.
  • Communication with passengers, relatives and clients. Sick notes, delays, cancellations. These messages are not a convenience; they decide whether ten calls hit the office in the morning or none.
  • Records and billing. Service records per payer and client emerge from the execution data. If that step requires a second round of data entry, the break is already built in.

The category says nothing yet about the field of use

School transport, patient journeys and wheelchair transport run on the same core but differ considerably in record-keeping, payer logic and vehicle requirements. A system that knows only one of them becomes an obstacle with the second contract.

Three categories: taxi dispatch, authority administration, operator dispatch

Three product categories get confused regularly because all of them deal with journeys. They solve different problems, and buying the wrong one becomes apparent in the third month.

Three categories, three different buyers
CategoryWho licenses itWhat the system solves
Taxi and dispatch softwareDispatch centre, broker, sometimes the municipalityRoute a short-notice single journey to the nearest free vehicle, bill it, drive the fiscal taximeter
Authority softwareDistrict or school authorityAdminister school transport applications, travel passes, reimbursements and parent requests
Passenger transport softwareThe transport company itselfPlan recurring tours, run them in the vehicle, produce service records and billing data

The distinction is not academic, it sits in the statute. For private hire vehicles, section 49(4) of the Passenger Transport Act requires bookings to arrive at the business address or the operator home, the vehicle to return without delay unless a new booking has come in, and the arrival of the booking to be recorded in writing or electronically, with the record kept for one year. An app-based system is expressly permitted for this.

That yields a very concrete selection criterion. Software that merely schedules journeys but does not log when and how the booking arrived does not meet this duty. In an inspection the question is not whether the tour was driven but whether the moment of acceptance is documented. Taxi services under section 47 are not subject to this particular logging duty, which is why pure taxi systems often do not provide for it at all.

The licence type sets the duties, not the passenger

Whether you operate under taxi, private hire or exemption rules determines logging, return obligations and tariff binding. Settle that with your licensing authority before comparing software, or you will compare systems against the wrong requirement list.

Criterion 1: records that survive an audit

Records are where software in a passenger transport operation pays for itself, or does not. For patient journeys, payment depends on the prescription and the approval under section 60 of the Social Code Book V; for disability support services it depends on the funding decision. What the payer checks is not the journey but the record of the journey.

The tax side comes on top. Under section 147(3) of the German Fiscal Code, accounting vouchers must be kept for eight years, ledgers and annual accounts for ten, other records for six. Section 257 of the Commercial Code adds that the documents must remain available throughout the period and be made legible within a reasonable time.

For the selection that means: a system whose records can only be pulled up on screen shifts a statutory duty into a contractual relationship that may end sooner than the retention period. How quickly a missing record turns into a deduction is set out in our article on rejected service records.

  • The record emerges from execution, not from a second round of data entry in the office.
  • Every journey carries timestamps, vehicle, driver and status history, and later edits stay traceable.
  • Records export as complete files per payer and billing period, not just as a screen view.
  • The export is machine-readable and can be evaluated without the vendor system.
  • Cancellation, empty run and no-show are distinct, justifiable states rather than a missing entry.

Criterion 2: health data belongs in a role model

Passenger transport generates data well beyond name and address. Wheelchair type, the need for an escort, the dialysis cycle, a note about seizures in the vehicle. These are health data within the meaning of Article 9 GDPR, whose processing is prohibited in principle and becomes lawful only through one of the exceptions listed there.

The practical consequence is not a form but a question of architecture. Put those attributes in the same field the driver reads the tour from and you have made them visible to everyone who sees tours. We set out the graduation of access roles and deletion periods in a separate article on Article 9 GDPR in passenger transport.

Two more points apply to the vendor. A software provider processing passenger data is a processor, and Article 28 GDPR requires a contract with prescribed content, including what happens to the data at the end. Article 32 GDPR requires technical and organisational measures appropriate to the risk, and with health data the risk is elevated by definition.

A processing agreement is not a formality

Ask for it before the trial, not after the decision. A vendor who supplies it only under pressure, does not extend it to sub-processors or cannot name the hosting location has answered your question.

Criterion 3: vehicle and staff attributes as hard constraints

Tour planning that knows only addresses and times produces plans that cannot be driven. The attributes that forbid an assignment are legally anchored and not a matter of preference.

  • Wheelchair spaces. Since 2016, section 35a of the Road Traffic Licensing Regulation has set requirements for wheelchair and occupant restraint systems and permits DIN 75078-2 for that purpose. A wheelchair space is therefore its own capacity type, not a repurposed seat. What that means for fleet choice and evidence is in our article on wheelchair restraint under DIN 75078.
  • Escorts. An approved escort occupies a seat and is at the same time a billable attribute with a validity period. Systems that carry it as a note lose both.
  • Driving and rest periods. Whether the German Drivers Hours Regulation applies depends on vehicle type and use. Where it applies, shift length is a planning boundary rather than a violation discovered afterwards.
  • Driver qualifications. Passenger transport driving permit, instruction in the restraint system, criminal record certificate depending on the client. An expiry date nobody monitors becomes visible on exactly the wrong morning.

The underlying criterion is easy to test and separates systems sharply: can the software prevent an inadmissible assignment, or can it only document one? A free-text field documents. A constraint prevents.

Criterion 4: settle entry and exit before you sign

The question asked least often in vendor meetings is the one about the end. Yet it decides how expensive a switch will be in five years, and it can be settled cheaply beforehand.

One widespread misconception belongs here. The right to data portability under Article 20 GDPR belongs to the data subject, that is the passenger, not to your company. Your claim to your own operational data follows from the contract and from Article 28(3)(g) GDPR, under which the processor deletes or returns the data once processing ends. What "return" means concretely, in which format and at what price, is not stated there. That is yours to agree.

  1. Test the data migration before the contractHave a real extract from your old system imported, not a sample file supplied by the vendor. Passenger master data with attributes and recurring journeys is the test, not the address list.
  2. Put the export format in writingWhich objects, which format, which deadline after termination, at what cost. An export that exists only as a pile of PDFs serves section 257 of the Commercial Code poorly in practice.
  3. Regulate retention beyond the contractEight years of retention outlast most software contracts. Settle whether you archive the records yourself or the vendor holds them, and what applies in the event of insolvency.
  4. Measure the rollout on one contractRollout duration is driven by the quality of the legacy data, not by the feature count. A single contract as a pilot shows that within two weeks.

Questions a vendor has to be able to answer

The following questions fit into a single meeting. They are phrased so that an evasive answer stands out.

  • Show me the service record for a single day, exported as a file, not as a screen view.
  • How does the system log the arrival of a booking, and how long does that record remain available?
  • Which roles exist, and what exactly does a driver see about a passenger who needs an escort?
  • Can you assign a journey requiring a wheelchair space to a vehicle without one? Please try.
  • Is the processing agreement available, and where is the data hosted, sub-processors included?
  • What happens to our data the day after termination, in which format and at what price?
  • Which part of our legacy data can you migrate, and what do you typically fail to migrate?

The fourth question is the most revealing. If the system allows the assignment and merely shows a warning, you now know the answer to most of the others as well.

Frequently asked questions

Passenger transport software is the dispatch system of the transport company. It plans recurring and one-off journeys, assigns them to vehicles and drivers, supports execution through a driver app and turns the result into service records and billing data. Typical fields of use are school transport, patient journeys, wheelchair transport and day care runs.

Taxi software routes short-notice single journeys to the nearest free vehicle and handles tariffs and the fiscal taximeter. Passenger transport software plans recurring tours under constraints from vehicle, staff and passenger and produces records for payers and clients. For German private hire operations, section 49(4) of the Passenger Transport Act adds the duty to record the arrival of every booking and keep that record for one year.

Credible flat prices are rare because the price depends on three things: the number of vehicles or users, the scope of modules such as route optimisation or a passenger portal, and the effort for data migration and training. Offers only become comparable when you set total cost over three years including rollout and support against each other, rather than the monthly price per vehicle.

At minimum a service record per journey with timestamps, vehicle, driver and status history, prepared per payer and billing period. Exportability as a file matters: accounting vouchers must be kept for eight years under section 147(3) of the German Fiscal Code and must be capable of being made legible throughout that period under section 257 of the Commercial Code, including after a change of vendor.

Not automatically. The benefit depends less on fleet size than on the number of recurring journeys and on record-keeping duties towards payers. An operator with five vehicles and fixed school runs usually gains more than one with fifteen vehicles doing purely occasional work. Where spreadsheets and the telephone still work without rework, the switch is not urgent.

The decisive factor is the quality of the legacy data, not the feature count. If passenger attributes, recurring journeys and addresses are cleanly maintained, a single contract goes live within a few weeks. If the data sits scattered across spreadsheets and in people heads, cleanup dominates the schedule. A pilot on one contract shows this faster and more cheaply than a full migration.

Sources

  1. Section 49 PBefG: services with rented buses and private hire vehiclesGerman Federal Ministry of Justice / gesetze-im-internet.de · Subsection 4: booking arrival at the business address, return obligation, recording in writing or electronically, one-year retention. As of September 2026
  2. Section 147 AO: rules on the retention of documentsGerman Federal Ministry of Justice / gesetze-im-internet.de · Subsection 3: ten years for ledgers and annual accounts, eight for accounting vouchers, six for other documents. As of September 2026
  3. Section 257 HGB: retention of documents and retention periodsGerman Federal Ministry of Justice / gesetze-im-internet.de · Availability and legibility within a reasonable time throughout the retention period
  4. Section 60 SGB V: travel costsGerman Federal Ministry of Justice / gesetze-im-internet.de · Assumption of travel costs by the statutory health insurer, approval requirement for journeys to outpatient treatment
  5. Section 35a StVZO: seats, seat belts, wheelchair spacesGerman Federal Ministry of Justice / gesetze-im-internet.de · Subsection 4a: wheelchair and occupant restraint systems, DIN 75078-2:2015-04 as a permitted alternative
  6. Section 1 FPersV: driving times, breaks and rest periodsGerman Federal Ministry of Justice / gesetze-im-internet.de · Scope of the German Drivers Hours Regulation, decisive for shift planning in passenger transport
  7. Article 9 GDPR: processing of special categories of personal dataGeneral Data Protection Regulation (dsgvo-gesetz.de) · General prohibition on processing health data and the exceptions to it
  8. Article 28 GDPR: processorGeneral Data Protection Regulation (dsgvo-gesetz.de) · Mandatory content of the processing agreement, subsection 3(g) on deletion or return of the data
  9. Article 32 GDPR: security of processingGeneral Data Protection Regulation (dsgvo-gesetz.de) · Technical and organisational measures appropriate to the risk of processing
  10. Article 20 GDPR: right to data portabilityGeneral Data Protection Regulation (dsgvo-gesetz.de) · Belongs to the data subject, not to the controller company. A frequent misconception in vendor meetings

This article reflects the situation at the time of publication and does not replace individual legal or tax advice.

Criteria instead of a feature list

If you would like to put the seven questions from the last section to us, we will answer them against your own tours rather than a demo data set. What that means per field of use is set out on our pages for school transport, patient journeys and wheelchair transport.

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