Circular August 2012 Minibus Guidance CoS Law Department

Using your Minibus legally and safely Church of Scotland Law Department

Why is this guide important?

The use of minibuses and other large vehicles by voluntary organisations is regulated by a number of pieces of legislation, which may affect you and your congregation or other church group. Important elements of the Transport Act 1985 were changed by the Local Transport Act 2008. This circular aims to give anyone already using a minibus or similar vehicle in connection with their Church activities or those who plan to do so in the future, a broad outline of what is legally required of them. It also includes advice on how to maintain the highest standards of safety for the benefit of passengers and organisers alike.

This guide covers:

 What a permit is, when you need it, and what it requires of you (p2-4)  Who may legally drive a minibus and in what circumstances (p4-6)  What you have to do to make sure your minibus is roadworthy (p4-6)  What are the general legal requirements and good practice for safe driving and passenger safety (especially seatbelt legislation) (p7-8)

If you have specific questions either arising from this guide or your specific circumstances, these should be directed to

 The Traffic Commissioner (Tel: 0300 123 9000); or  The Church of Scotland Law Department ([email protected])

Additional general information is available via the Community Transport Association (CTA). You can contact them by telephone (0161 351 1475); by email ([email protected]); or visit their website (www.ctauk.org), where you can download various advice leaflets.

Circular – August 2012 Minibus Guidance CoS Law Department

What is a Public Service What is a bus permit and do I Vehicle? need one?

Any motor vehicle which is used for The Permit legislation serves two carrying passengers for hire or reward purposes. The first is to enable voluntary AND which is adapted to carry 9 or more groups and certain other bodies to accept passengers is defined as a Public Service remuneration for providing transport to Vehicle (PSV). their members or the people their organisation serves. The second purpose Hire or reward means any payment made is to make it less burdensome for these by a person that lets them travel on the organisations than if they had to comply vehicle, even if it is not enough for the with the full PSV operating licensing and operator to make a profit. Any payment the PSV driving licence requirements. made, whether in cash or in kind, giving a passenger the right to be carried, is You will therefore need a permit if you treated as a charge and constitutes “hire operate a PSV for hire or reward and wish or reward”. to avoid the more extensive regulations that apply to commercial transport Even where a payment is only made for operators. attending an event or t cover accommodation connected with the NB: If you already hold a Section 19 Small event, it will be treated as though Bus Permit, and it was issued before 6th payment for transport is a “hidden” part April 2009, it was issued without a time of that payment limit. The new legislation imposes a retrospective time limit on all of these The vast majority of voluntary and “not- permits. You will therefore have to renew for-profit” minibuses will operate in the your permit before 6th April 2014. All “for hire or reward” category. In these permits issued after 6th April 2009 run cases, the full PSV statutory requirements for 5 years and must be renewed at the (such as those for commercial transport end of each 5-year period. operators) will apply unless the vehicle concerned meets one of the exemption What kind of permit do I need? categories in the Permit legislation. These categories are: There are, broadly speaking, two kinds of  Vehicles held under a community permit relevant to most voluntary bus permit organisations.  Vehicles held under a standard  Section 22 – Community Bus bus permit (previously “small bus Permits – these are used for a permit”) regular bus service in support of  Vehicles held under a large bus one or more communities. permit  Section 19 – Standard Bus Permit (previously “small bus permit”) – these are used by organisations providing transport services to

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their members or to individuals or profit makes the minibus ineligible to groups the organisation exists to operate under the standard permit. Its assist. use would instead have to comply with the full PSV regulations. Standard permits are mostly held by organisations using a minibus to carry A standard permit does not cover their members on trips or outings situations where services are being ancillary to their main activity. A provided to the general public or for “minibus” is a vehicle adapted to be purposes which are unconnected to the capable of carrying between 9 and 16 organisation or its purposes. The use of a passengers. This permit type is likely to be minibus (e.g.) by a member of the Church the one appropriate for most Church to transport a number of friends, who groups; hence this circular will focus on share the cost of the trip, to a social the use of minibuses under a standard outing not connected with the Church, permit. such as a sporting event or night out, would not be covered by the permit. What does the standard *NB: Genuine fundraising activities are permit let me do? not regarded as falling within the “with a view to making a profit” definition. As a “non profit making body concerned Minibuses can, therefore, be used to with religion” Church groups are among transport people to a fundraising event. those who may hold a standard permit. This allows them either to charge or accept remuneration (in cash or in kind) How do I obtain a standard for providing transport for their members. permit?

The purpose is to allow groups to recoup The legislation designates a number of their costs from their passengers. Fares or bodies which are able to issue permits, contributions can be set at a level to either to themselves or any of their local recover some or all of the costs of running organisations. You can obtain a standard the minibus, and may include allowance permit from any one of the following: for vehicle depreciation. Specific costs  The Church of Scotland arising from a particular trip, such as fuel,  Your Local Authority volunteers’ expenses etc. may also be  The Vehicle & Operator Services factored in. Agency (VOSA)  The Traffic Commissioner However the legislation does not allow the minibus to be used with a view to The Church of Scotland’s permit scheme is making a profit. Nor indeed does it permit operated by the Department of the use for a purpose which is incidental to General Assembly. Permits are usually another activity, which is itself carried on issued to Church Congregations and other with a view to making a profit.* This Church bodies, though in certain cases a means that charges levied must not be permit may be granted to a named sufficient to make a profit, even if that individual on behalf of a Church body profit is put back into other running costs which he or she represents. or charitable purposes. Operating for

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To apply for a permit you should contact Can my organisation’s minibus the Department of General Assembly on 0131 225 5722 Extension 2250 with the be driven on the road? following information: Any motor vehicles can only be driven on  Name of Congregation; the road if:  Name of other organisations  It is insured against liability for whose members will authorised as personal injury to third parties passengers to use the vehicle; and (including passengers in the same said vehicle);  Make and registration number of  vehicle The vehicle is roadworthy; and  The driver is licenced to drive that If you require a permit for a large bus, this class of vehicle can be obtained by application to the Traffic Commissioner. The Church of Insurance Scotland cannot issue large bus permits. When procuring insurance cover, you The relevant Application Form for bus must disclose to the insurers that the permits is available via the VOSA website vehicle is being used for “hire or reward” (www.dft.gov.uk/vosa). Select “Forms”, but that (if relevant) it is exempt from the then “Bus Registration Forms” then PSV operator licensing requirements “Application for a Standard or Large Bus through the permit scheme. Unlawful Permit” (form PSV 372). operation of the bus may invalidate your insurance cover and lead to criminal prosecution. I have my permit – what do I do now? Roadworthiness

Once you have been granted your permit, Minibuses operating under the permit you will be issued with a disc (akin to a tax scheme, despite being exempt from some disc) which must be prominently affixed PSV operator and driving licence to the inside of the windscreen (without requirements, are still subject to spot obstructing the driver’s view of the road) checks by VOSA Vehicle Examiners to while the minibus is being used under the ensure that they are roadworthy. It is permit. If you operate more than one recommended that all minibus operators minibus at any given time, there must be follow the guidance provided to the a permit for each bus in use. commercial sector. This will allow you to demonstrate that you are operating Your permit may be varied or revoked at within safe guidelines and best practices any time by the body that issued it and available. We also recommend you read must be renewed every 5 years. A permit the VOSA Guide to maintaining may also cease to be valid if the issuing roadworthiness. body has ceased to operate or has had its right to issue permits revoked. The CTA have produced an advice leaflet called “Maintenance Schedules”. This outlines what organisations should be doing to maintain their minibuses, and

Page 4 Circular – August 2012 Minibus Guidance CoS Law Department includes helpful forms enabling them to use the CTA’s form “Drivers Daily demonstrate that the appropriate checks Walk around Checklist”, should a have been carried out. spot check be conducted by the Police or a VOSA Enforcement MOT Officer.

Minibuses must be M.O.T. tested every 12  There should be a system for months after their first year from new. drivers to report defects Despite being PSVs, with standard potentially adversely affecting the permits are exempt from the additional safe operation of the minibus to PSV test. Vehicles can be M.O.T. tested: the person responsible for its  If they carry 12 or fewer upkeep. Such a system should also passengers, any so authorised be capable of demonstrating any M.O.T. testing station defects have been repaired by a  If they carry 13-16 passengers competent person. (Class V), at any HGV/LGV approved testing station or any 2. Supervisor maintenance other specifically designated checks station  The person designated as in charge of the vehicle should conduct NB: Where seatbelts have been added to fortnightly checks, covering, in a vehicle since its last annual test, an addition to the matters covered by additional special test will need to be a daily driver check, its cleanliness, undertaken. its permit status and its vehicle taxation disc. Other Procedures 3. Safety Inspections In addition to the annual statutory M.O.T.  These are of vital importance in test, organisations must ensure that their order to prevent the development vehicles are kept in a condition so as they or worsening of any mechanical do not to cause damage nor are likely to issues or other factors which may cause damage to any person or vehicle on otherwise compromise the safety the road. To ensure this, we recommend of passengers and other road the following at set intervals: users. It is recommended that a

safety inspection is carried out at

1. Daily driver checks least once in every ten-week  Before every journey the driver period. should check items such as the engine oil, brakes, steering, tyre  The owner’s manual supplied by pressure and condition, warning the vehicle manufacturer will instruments (including horn), indicate the minimum lights, windscreen washers and recommended maintenance wipers, windows, fire extinguisher checks that should be carried out. and first aid kit. It is strongly recommended, given the possibility of a number of  To demonstrate these checks have drivers being used on rotation, and been carried out, drivers should

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that passengers will be carried by the vehicle, that you conduct Those who passed their standard driving checks more frequently than this test before 1st January 1997, are minimum. automatically entitled to drive vehicles falling under the D1 101 class. This allows  In addition to the standard daily- them to drive a permit minibus of any check items, the following should weight, though not for hire or reward, be checked by someone of until either their licence is due for renewal sufficient knowledge to identify at the age of 70 or for as long as their problems, such as worn or licence is valid. defective parts: o Tyre, clutch & break wear Shortly before a driver turns 70, the DVLA o Steering will advise them as to how to renew their o Engine noise driving entitlement. To retain their D1 101 o Exhaust emissions entitlement on their licence, they must o Seat and belt conditions additionally pass a PCV Medical o Condition of safety undertaken by their doctor and supply it equipment to the DVLA. For further information, o Vehicle body condition consult the CTA’s Advice Leaflet on Driving Licensing for Permit Vehicles.  Comprehensive records should be kept detailing when safety checks Those passing their standard driving test were carried out, the results of the on or after 1st January 1997 will not have inspection, and what work, if any, automatically gained D1 101 entitlement. was done and by whom. For an They can, however, drive permit example of a Safety Inspection minibuses on meeting all the following sheet, please consult the CTA’s conditions: Maintenance Schedules. These  they drive for a non-commercial should be completed by the body for a social purpose (not hire maintenance provider and they or reward); must sign to certify that the  the driver is over 21 years of age; vehicle is roadworthy until its next  they have held a (category B) scheduled Safety Inspection. All licence for at least 2 years; records must be retained for a  they receive no payment or minimum of 15 months along with consideration other than out-of- other vehicle records. pocket expenses (strictly voluntary provision); Who can drive my  the minibus’ maximum authorised organisation’s minibus? weight is less than 3.5 tonnes; and  they do not tow a trailer

Driving Licence If someone seeks to drive a minibus in the

course of their employment or for hire or Following legislative changes between reward, and it is not covered by the 1997 and 1998 the driving licence permit scheme, they will have to pass the requirements to operate a permit minibus relevant additional PCV test. There may have become more complicated.

Page 6 Circular – August 2012 Minibus Guidance CoS Law Department be restrictions on driving minibuses for a full day’s work, irrespective of whether drivers with certain medical conditions. that work involved driving.

Official Department of Transport advice For more detailed information about states that permit minibuses used for hire taking permit minibuses abroad, please or reward can only be driven outside of consult the CTA’s guides “Minibus the by a driver who has Management – Going to Europe” and passed a test for category D1 or D or holds “Minibus Management – Tachographs” a Passenger Carrying Vehicle (PCV) (available at www.ctauk.org). Licence. VOSA also produce a detailed guide on For further information on driving Drivers’ Hours and Tachographs, available licencing requirements, please consult the at CTA or alternatively the Driver and Vehicle www.vosa.gov.uk/vosacorp/publications/ Licensing Agency (DVLA) website manualsandguides/drivershoursandtacho www.gov.uk/browse/driving/driving- graphguides.htm. licences or call the DVLA Customer Enquiries line (0300 790 6801). Keeping safe – seatbelts and

the law

All minibuses (vehicles capable of carrying Drivers – Rest Periods between 9 and 16 passengers, excluding the driver) built from 2001 must have The European Community Drivers’ Hours fitted anchorage points and seatbelts for and Tachograph Rules impose specific all of their seats. obligations on minibuses being driven in other countries within the European The following classes of vehicle are not Union. For the majority of permit minibus required to have fixed anchorage points users, this should not be an issue, as the or seatbelts provided that they do not carry children: rules do not apply to journeys made st within the United Kingdom. Those who do  vehicles first used before 1 travel abroad will be required to fit and October 1988 constructed for use a tachograph for the minibus and more than 12 passengers st abide by EU and domestic laws in relation  vehicles first used after 1 st to driving hours and statutory rest periods October 1988 but before 1 in the relevant country. October 2001 with a gross vehicle or maximum permitted weight of However, both to reduce the risk of 3500kg injuries and fatalities and the possibility of being sued for negligence, all drivers are If a vehicle is fitted with seatbelts and strongly advised to take breaks at anchorage points, they must comply with reasonable intervals (ideally at least ten the requirements of the relevant minutes for every two hour period of European Union Directives key provisions driving). Drivers of permit minibuses include: should not embark on long journeys after  Where a minibus carries 3 or more children between the ages

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of 3 and 15 inclusive there must built-up area (where the street lights are be a forward facing seat fitted no more than 175 metres apart and the with a two or three point belt for normal speed limit is 30 miles per hour) each child. these requirements to not apply.  Rear facing seats fitted with belts have been permitted since These regulations are complicated and October 2001 are likely to be amended further  The driver is responsible for following an on-going government ensuring that an appropriate child consultation on the implementation of a restraint or seatbelt is worn by new EU Directive. any passenger under the age of 13. Those aged 14 and older are If you require further clarification on any legally responsible for wearing specific issues related to this or anything their seatbelt. else covered in this document, please contact the Church of Scotland Law From 18th September 2006, new Department. regulations impose a duty on bus and drivers (including minibus drivers) to take reasonable steps to notify passengers of the need to use their (sk825/gc) seatbelts, this being mandatory for all passengers aged 14 and over. This can be achieved by one of two ways:  Making an official announcement or audio-visual presentation made within a reasonable time of the passenger joining the bus. An announcement from the driver/conductor or courier/group- leader in relation to a group of persons travelling on the bus is sufficient; OR  Prominently displaying a sign at each passenger seat equipped with a seatbelt. There is no specific size and form the sign must take, but if it takes the form of a pictogram the image must show a white figure against a blue background.

Failure to notify passengers is an offence and operators may be fined up to a maximum of £2,500 for non-compliance.

Some forms of local transport are exempt from these regulations. If a bus used for local transport operates in an urban or

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