This guidance has been prepared following various queries and concerns raised by many of CARE’s clients with regard to the driving of minibuses. The queries surround the need to obtain a minibus permit.
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We have listed below the requirements for the main situations which could affect your organisation-:
Guidelines for Minibus Driver Training
Drivers who passed a car driving test before January 1997 were previously granted ‘implied’ entitlement to drive larger vehicles such as minibuses (i.e. D1 Category). However, drivers who passed their car driving test after this date did not automatically gain the same rights but were required to sit a further test if they wished to drive D1 Category vehicles.
From April 2010, a person who wishes to teach another to drive a minibus who only holds implied entitlements must themselves pass the relevant tests to qualify to teach. The changes do not affect a person’s existing entitlement to drive a D1 vehicle but make it illegal to act as a trainer to those only holding implied entitlements granted before 1997.
It is also necessary for the training driver to hold this new entitlement for three years before acting as a driver trainer. In addition, any minibus driver working for your organisation who does not have a D1 Minibus category on their licence, obtained through passing a separate PCV practical driving test is breaking the law. This could potentially leave an organisation without the means to train in-house.
Pre-1997 Licence Holders D1 (101) Entitlement
Drivers who passed a category B test (Car) before 1 January 1997 were automatically granted the category D1 (not for hire or reward) entitlement. This is shown as code (101) on their licence and restricts the licence holder to drive a minibus provided that the vehicle is not operated for “hire or reward”.
A vehicle which is operated for hire or reward is one where the passengers pay a fare to use the vehicle or a contribution is made towards the running costs of using the vehicle. For the majority of our clients, fares are not collected for the operation of the minibuses. However, they fall under the ‘hire and reward’ category as a contribution is made towards the running costs of the minibus from the payments that the service users make for their overall care, essentially an indirect payment.
Drivers Who Do Not Hold D1 (101) - Not For Hire or Reward Entitlement
Since 1 January 1997 drivers no longer receive category D1 (101) entitlement when they pass a category B car test. Anyone wishing to drive a minibus for commercial purposes is required to pass a category D1 minibus test and must meet the higher health and driver conduct standards that apply.
Upon passing the D1 test, a driver has full, unrestricted, entitlement to drive a minibus.
There are two exemptions to the requirement to obtain a full D1 minibus licence (without the 101 restriction code) in order to drive a minibus. The first is an exemption for drivers driving on a voluntary basis and the second is for drivers of minibuses operating under section 19 permits. (See below).
Voluntary Drivers
A category B licence holder may drive a minibus on a voluntary basis if he receives no consideration for doing so, other than out of pocket expenses. Such a driver who is not being paid, except for out of pocket expenses or who cannot be compelled to drive is considered to be driving on a voluntary basis.
It should be noted that volunteer minibus drivers who passed their car driving test after the 1st January 1997 are restricted to drive minibuses which weigh no more than 3500 Kgs gross vehicle weight.
Section 19 Permit
Minibus Permits are issued to organisations concerned with education, religion, social welfare, recreation or other activities of benefit to the community.
Minibus permits allow organisations to make a charge without having to comply with the full public service vehicle operator licensing requirements and without the need for their drivers to have PCV (category D1 without 101 restriction) entitlement. The minibus service must be provided for your own service users or for groups of people whom the organisation serves. The service must not be provided to members of the general public and the charges made must be on a non-profit basis.
‘For Profit’ Organisations
Although Section 19 Permits can be obtained for minibuses for organisations with charitable status, drivers of ‘for profit’ organisations will need to obtain passenger carrying vehicle entitlement (PCV) which will involve a requirement to meet higher medical standards and take a further driving test. The drivers will need to apply to your appropriate Traffic Commissioner and fulfil the necessary legal requirements.
You can only take passengers onto a minibus where they are indirectly paying for the journey through their overall care payments if you have full Category D1 entitlement obtained through the passing of the theory and practical test for this class of vehicle. This is irrespective of when the driver passed their test to drive a car and no further restrictions (ie Code 101) are applied
If your drivers hold a full valid driving licence you will need to apply to the Driver and Vehicle Licensing Agency (DVLA) for a provisional entitlement to drive a PCV. You will need to complete the application form D2 and the medical report form D4. The D4 has to be completed by a doctor and you will need to meet the PCV eyesight requirements. There are also requirements ie being of good character and over 21 years of age. The PCV (D1) driving test is conducted by the Driving Standards Agency and is similar to the test taken by coach drivers, only the vehicle you would drive is a minibus.
In Summary
It is clear from the above information that organisations of charitable status that operate minibuses will be required to apply for a Section 19 Permit, even if they are currently being operated by Pre-1997 licence holders with the D1 category on their licence. Although your minibus service does not collect fares for the use of the vehicle, the vehicles will still fall under the hire and reward category as a contribution is made towards the running costs of the minibus from the payments that the service users make for their overall care.
Not for profit organisations applying for a permit for own minibuses (the permit is registered to the vehicle and not the driver) will allow drivers with the D1 category on their licence to drive the minibus without the need to sit and pass the D1 minibus test which meets the higher health and driver conduct standards.
In contrast, ‘for profit’ organisations will be required to ensure that their minibus drivers have taken the required theory and practical tests to qualify for the full unrestricted D1 entitlement (i.e. no 101 code restriction). This guidance information can be read in detail on the government’s website which can be found at www.direct.gov.uk/en/Motoring/index.htm.
Please do not hesitate to contact the CARE Team on freephone 0800 169 4616 you have any queries or concerns.
Ref code: LL188 CARE 810811 V1.1