Page 6 - TRSSL Handbook Flip
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The driver:                                           If any form of payment has been made, in cash or in kind, directly   Section 22 Community Bus Permit                   within the UK.
         • Is at least 21 years old                           or indirectly, that gives a passenger the right to travel on the   Groups or parish councils who wish to operate a minibus  Any trip outside the UK that includes payment for travel,
         • Has held a full car licence for at least 2 years   minibus, then the minibus is being operated ‘for Hire or Reward’.  on a non-profit making basis for the benefit of the local   either directly or indirectly, in other words ‘for Hire or Reward’,
         • Is driving a minibus that has a MAM of no more than  Payment may include a voluntary contribution made by, or on    community may be issued a Section 22 Community Bus Permit   would require the driver to hold a full D1 PCV licence and a
            3.5 tonnes (This may be increased to a MAM of 4.25  behalf of, a passenger. It may also include payment for a trip or   by The Traffic Commissioners Office. The licensing requirements   CPC. Many organisers of school trips abroad etc. have, in the
            tonnes if the weight above 3.5 tonnes is entirely due  course that includes a journey on the minibus, even if the minibus   for drivers are similar to that for Section 19 Permit drivers.  past, mistakenly believed that they are covered to drive by their
            to disabled passenger equipment, such as a tail-lift)  ride is described as ‘free’.                                For further information on applying for S19 or 22 permits,  D1 (101) licence. This is not, and never has been, the case. No
                                                                                                                                                                                     journey in a minibus outside the UK, including to the Republic
         • Is driving for a non-commercial organisation, for social                                                            contact The Road Safety Solution at info@trssl.co.uk.   of Ireland, can be driven by the holder of a D1 (101) licence
            purposes                                          Section 19 Standard Small Bus Permit                                                                                   unless the journey is entirely free for the passengers.
         • Is driving voluntarily (other than out of pocket expenses)  Organisations that need to operate minibuses ‘for Hire or   Voluntary Drivers                                 All trips abroad in a minibus, for whatever purpose, require a
         • Is not towing any size trailer                     Reward’, on a non-commercial basis, to support the organisa-     B licence holders may only drive a minibus if they are driving   tachograph to be used from the point of departure inside the
         • Is driving within the UK                           tions’ principal function may be entitled to hold a Section 19   voluntarily. The Department for Transport has offered the   UK. The driver will need either a supply of discs for an analogue
                                                              Standard Small Bus Permit. Such organisations might be in-                                                             tachograph, or a Driver’s Card for a digital tachograph.
        B licence holders can drive ‘for hire or reward’ if the   volved in education, sport, religious or social activity. Organisa-  following ‘guideline’ for what defines voluntary driving.
        organisation for whom they are driving holds a valid Section   tions that are registered charities may be eligible.    The DfT stress that this is not legal advice.
        19 Standard Small Bus Permit. They must still comply with all                                                          Is the organisation a non-commercial body?  YES       Tachographs
        the above restrictions.                               The Section 19 Permit exempts the organisation from the
                                                              requirement to hold an Operator’s Licence and, sometimes,        Is the driving for social purposes?  YES              The following information is quoted from the VOSA ‘Guide for
        Drivers over 70 years old                             the driver from having to hold a full D1 PCV licence and a CPC.  Can the driver be compelled by his employer to drive?  NO  Operators’ PSV 385.
        Drivers will, at the age of 70, have to apply to keep their mini-  Many authorities, including most local authorities, are entitled   Is the driver being paid specifically for the driving?  NO  The EC drivers’ hours and tachograph rules do not apply to
        bus entitlement and pass a vocational medical.        to issue Section 19 Permits. Section 19 Permits are issued to                                                          drivers of minibuses with less than 17 passenger seats when
        It is the driver’s responsibility to make sure that they   specific organisations and are not transferable. Any minibus   Then the driving can be defined as voluntary.      operated solely within the UK, but they do apply to drivers of
        have the correct licence entitlement.                 operated by an organisation ‘for Hire or Reward’ under                                                                 minibuses with 9 or more passenger seats when undertaking
                                                              Section 19 conditions, whether the minibus is owned, hired       Driving a Minibus Abroad                              an international journey.
        Driving ‘for Hire or Reward’                          or borrowed by that organisation, must display a Section 19      It is beyond the scope of this handbook to give full details of the   These rules prescribe maximum limits on driving time and
                                                              Permit disc in the windscreen.
        Many organisations misunderstand the definition of driving                                                             requirements for driving a minibus abroad, however drivers   minimum requirements for breaks and rest periods, as well
        ‘for Hire or Reward’ and believe that they are not when, in fact,   Driving ‘for Hire or Reward’ without displaying the Section 19   should be very careful not to misunderstand a fundamental rule.  as requiring the fitting and use of tachographs.
        they are.                                             disc in the windscreen could lead to the driver being            Anyone driving a minibus abroad must hold a D1 licence. The   Minibuses with less than 17 passenger seats normally fall
                                                              prosecuted for driving without a valid licence.                  exempton allowed by Section 19 permits and the EC Social   within the scope of the UK domestic drivers’ hours rules,
        6                                                                                                                      Voluntary and Unpaid exemption are only valid for journeys   unless they are being used for private use or they are   7
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