The following rules apply to the incidental driving of minibuses by all types of educational establishments.
Essential Background: Driving Licence Categories
Drivers who passed a category B test (normal car test) before 1 January 1997 were granted automatically category D1 (passenger carrying vehicle - not for hire or reward) entitlement.
Since 1 January 1997 drivers no longer receive automatic category D1 entitlment when they pass a category B car test.
A driver who holds a passenger carrying vehicle D licence (for hire or reward) can drive any bus with more than 8 passenger seats.
Non-commercial schools and educational bodies.
Drivers who hold a category D1 driving licence can drive all weights of minibuses with up to 16 passenger seats as long as they are not employed to drive a minibus directly. ie. they undertake incidental driving.
The Motor Vehicles (Driving Licences) Regulations 1999 allow a school to use drivers who only hold a category B driving licence and have not passed a D1 (minibus) driving test for incidental driving under the following conditions:
- the driver has held a category B driving licence for at least 2 years;
- the driver is over 21 years of age;
- if the driver is 70 or over, is able to meet the health standards for driving a D1 vehicle;
- a non-commercial body is using the minibus being driven for social or curriculum purposes;
- the driver provides his/her services and receives no consideration for doing so, other than out of pocket expenses;
- the minibus has up to 16 passenger seats; and,
- the minibus is up to 3500kgs (3.5 tonnes) in weight, 4250 kgs (4.25 tonnes) where the minibus has been adapted to carry wheelchair passengers.
Schools and educational establishments as commercial bodies.
Bodies that are deemed to be commercial, eg. independent schools which lack charitable status are normally only allowed to use category D1 drivers to drive their minibuses. Independant legal advice is necessary to ascertain if drivers who only have category B licences can be used. The interpetation of the establishments' status will be the primary objective of this legal advice.
Some private schools having private business status, operate their minibuses on a commercial operator's (PCV) licence. In these circumstances, the driver would not be permitted to drive the minibuses on a standard car licence. Current opinion is that the driving of students in minibuses for non-social purposes such as field trips is likely to be viewed by a court of law as being for 'hire and reward'. If the minibus is to be used for 'Hire and Reward', then a Passenger Carrying Vehicle (PCV) - Category D Licence is generally required.
Driving a school minibus and charging pupils
Generally, schools making a charge on a non-profit basis operate minibuses under a section 19 permit, allowing them to collect fares and contributions from pupils on a not-for-profit basis. This permit also allows certain drivers with standard car licences to drive these minibus under these conditions.
Vehicle Maintenance
It is the driver's personal responsibility to ensure that the minibus has been fully serviced and is in a fit condition to drive on the road and that the necessary daily and weekly safety routines have been undertaken and the details entered in the vehicle log book. Failure to carry out these checks could absolve the employer from any vicarious liability. The driver is also responsible for ensuring that pupils wear their seat belts.
Driving essentials
Before driving a school minibus you need to be aware of the following:
Speed limits for minibuses(not towing a trailer) for
A class roads (where a lower limit is not signposted ) is 50 mph.
On a dual-carriageway the limit is 60 mph and 70 mph on motorways. When
towing a trailer the limit on motorways is reduced to 60 m.p.h.
It should also be noted that the outer (overtaking) lane of a three
or four lane motorway must not be used when towing a trailer.
That being said, from 1st January, 2007, there is a requirement
for all diesel minibuses registered after 1st October 2001 to be fitted
with a speed limiter restricting their maximum speed to 62mph. This
will be extended from 1st January 2008, after which date there will
also be a requirement for all minibuses (petrol and diesel) registered
after 1st January 2005 to be fitted with a speed limiter.
By law, seat belts must be worn by drivers and passengers at all times. It is the responsibility of the driver to ensure that all passengers comply with this regulation. New seat belt laws require children under 135cm to wear child restraints in addition to seat belts. Driver responsibilities will vary depending on the type of minibus driven.
Ignorance to these seat belt laws will result in a new offence being committed, especially introduced for drivers of buses, coaches and minibuses. Drivers failing their passenger responsibilities can either expect to receive a £30 fixed penalty notice or a maximum fine of up to £500 if the case goes to court. Minibus owners and operators could also be fined a maximum of £2,500.
A fire extinguisher and first aid kit must always be carried;
Alcohol is illegal on buses going to and from sporting fixtures.
Side lights must be on when the minibus is parked on the street at night
Horns and reversing bleepers must not be used between 11.30 pm and 7.00 am (except on major roads).
RoSPA's Minibus Safety - A Code of Practice booklet can be downloaded here
This Guide is only intended for general help; it is not a legal document. Therefore you should seek your own legal advice if you have any doubts with these issues.
