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Note this is a long document, including sample forms, which you may prefer to print out.

This document naturally falls into two parts, general advice about running or driving a minibus and current regulations concerning minibuses and coaches from the Department of Transport.

You will also find the following FACT Sheet from DVLA useful:

• Driving a Minibus - January 1997 (PDF)

The purpose of this document is to offer advice and information as taken from relevant documents. It is not intended to be a legal document, so should not be taken as an official interpretation of the law.

A minibus is a motor vehicle constructed or adapted to carry more than 8, but not more than 16 seated passengers in addition to the driver. This definition includes less obvious vehicles such as Land Rovers and other similar vehicles that have more than 8, but not more than 16 seated passengers.

Once a vehicle has been used as a minibus, i.e. satisfied the above definition, it is deemed to continue to be a minibus until its use as a minibus is permanently discontinued. This means that removing seats from a vehicle that has been used with more than 8 passenger seats does not stop being a minibus unless you can provide convincing evidence that it will never be used with more than 8 passenger seats again.

A coach is defined as a type of large bus (i.e. a vehicle constructed or adapted to carry more than 16 seated passengers in addition to the driver) which has a gross weight of more than 7.5 tonnes and a maximum speed exceeding 60mph.

A large bus which does not meet the weight or speed criteria of a coach is referred to as a bus by the Department of Transport. The current legislation does not apply to this type of vehicle.

There are many Scout Groups up and down the country who run their own minibuses with varying levels of success. The first thing that should be pointed out to any Group considering purchasing their own minibus is that they are expensive. The real cost is not purchasing the minibus in the first place, that will generally be done by fund-raising over a period of time or as a result of a grant i.e. you can't get the bus until you have the money. The real cost is running the minibus which can represent a large part of a Group's annual budget once Road Fund Tax, insurance and maintenance are taken into account. It will often work out cheaper to hire a minibus when you need one and let somebody else worry about all that continual expense. This is especially true if you have a Community Transport Group close to you.

Who can drive a minibus

This can get a bit complicated depending on when you got your licence, and possibly when you last had your licence renewed.

If you have a full licence with entitlement to drive cars from before 1 July 1996 (Category A (B for automatics) on old style licences or Category B and D1 on new style licence) you will continue to be able to drive minibuses under the new regulations providing you are 21 or over, the minibus has a maximum of 16 passenger seats and the minibus is not being used for hire or reward.

If you have been issued with your full licence since 1 July 1996 you will be restricted to vehicles with no more than 8 passenger seats (Category B) unless you pass a further test to obtain Category D1 entitlement (vehicles with between 9 and 16 passenger seats) or all the following apply

1. the vehicle is used for social purposes by a non-commercial body
2. you are aged 21 or over
3. you have held a car (Category B) licence for at least 2 years
4. you are providing your service on an entirely voluntary basis
5. the maximum minibus weight is no more than 3.5 tonnes excluding any specialist equipment for the carriage of disabled passengers.

Note: this restriction means you can not use some models of Mercedes minibus which are too heavy.

While there is no legal requirement for a driver to have further training before driving a minibus it is advisable to pursue training in driving a minibus and gain a recognised qualification. The Community Transport Association organises the Minibus Driver Awareness Scheme (MiDAS) which promotes a nationally recognised standard for the assessment and training of minibus drivers.

Most local Councils will insist on a driver showing a formal minibus driving competency qualification before allowing the driver to use their vehicles i.e. school minibuses. This is known as a "Green Card" in some areas. It is not clear whether all Councils will accept a MiDAS qualification in lieu of their own assessment.

In addition to the legal restrictions on age and licence given above there are also a few areas where the law is different for minibuses and cars.

Highway Code

The Highway Code must be adhered to at all times.

Seat belts

See the latest information from the Department of Transport in the section below

Drugs, alcohol and smoking

It is illegal to drive under the influence of drugs. It is well known that drinking any amount of alcohol will impair your driving ability. Therefore, although not stipulated in law, the best practice is for minibus drivers to consume no alcohol at all when they are involved in driving. It is illegal to smoke whilst driving or when there are passengers in the vehicle.

Speed Limits

You must observe all legal speed limits. Where there are no traffic signs to set a lower limit, limits are:

Street lights closer than 200 yards - 30 mph

Other single carriageways - 50 mph

Dual carriageways - 60 mph

Motorways - 70 mph

Number of passengers and overloading

The old practice of allowing three children for two adults has been discontinued. You are not allowed to do that anymore.

If you have a full complement of passengers and lots of luggage it is possible to overload the vehicle, for which the driver has legal responsibility.

Driving with passengers

• All doors must be unlocked
• You must be able to see through all windows
• All gangways must be clear of obstructions at all times
• You must switch the engine off when refueling or leaving the bus
• You must not talk with anyone when the vehicle is in motion, unless it is necessary to do so on the grounds of safety. (this does not preclude using a radio to talk to base)
• You must not tow a trailer with a minibus unless all passengers have access to a nearside exit i.e. you must have a side door leading directly to the side of the road away from traffic.

Roadworthy Minibus

The driver is responsible for the roadworthy condition of their vehicle at all times. This includes such items as tyres, steering, brakes, lights, indicators, horn, first aid kit, fire extinguisher, etc. See maintenance section for more details.

Night-time

You must observe all legal parking requirements. At night if you can't park off-road you should park park on the nearside of the road, at least 10 metres from the nearest road junction, and with your side lights left on.

You should not use the horn or reversing bleeper in built-up areas after 11:30 pm or before 7:00 am.

Driving without permission

If you drive the minibus without permission of the Permit holder you are likely to be committing two offences:

• the Permit will become void, making you liable to be prosecuted for driving an unlicensed Public Service Vehicle
• it is likely the insurance will cease to be valid

Driver's Hours

There is currently no legal restriction in the UK for the number of hours you are permitted to drive as long as you are a volunteer driver. However it is strongly advised that route planning includes a break from driving of 20 minutes at periods not exceeding 4 hours during the day and 2 hours during the night. Commonsense is the best measure of when to take a break. Many accidents are caused by the driver's tiredness and you don't want to be involved in an accident that is so easily avoidable by planning your traveling time sensibly.

Driving in Europe

The European regulations are a lot stricter than those currently applied in the UK and this is a quick summary of the most important points. If you are planning to drive a minibus in Europe you should do some research about current regulations at the time. A good starting point would be Document PSV375: Drivers' Hours for Road Passenger Vehicles from the Department of Transport.

• The minibus (European definition: any vehicle with 10 seats or more including driver) must be fitted with a tachograph which must be used all the time you are driving outside this country.

• You are limited to driving for a total of 9 hours in any period of 24 hours which must be split by a 45 minute rest period after 4.5 hours. There is also a weekly driving limit of 56 hours after which you must have 45 hours rest. There is also a fortnightly driving limit of 90 hours

• You will require the following documentation (possibly more):

  • a Waybill or Own Account Certificate (this is much easier than a Waybill contact DoT International Road Freight Office)
  • Model Control Document (translation of above)
  • Vehicle Registration Document
  • Green Card (international motor insurance certificate)
  • Insurance certificate
  • European Accident Form (from your insurance broker)

• Most trips involving Scouts will be classified as for "Hire or Reward", and so the drivers will need an unrestricted Category D1 license, this requires themto take a second driving test on a minibus, known as a PCV (Passengar Carrying Vehicle) test. This test is also required for drivers with Category D1 (restricted) to remove the restriction.

• The driver will require a Certificate of Experience showing that they have at least one years experience driving minibuses (obtainable from Traffic Area Office using Form INTP 4)

IMPORTANT: You need a permit for a Scout Group Minibus

Why do we need a permit?

Any organisation that charges for providing transport (the legal term is to operate "for hire or reward") will normally be regarded as a Public Service Vehicle (PSV) operator. It would be a serious offence to do so without a PSV operator's licence.

The interpretation of charging for providing transport includes any payment in cash or kind which gives passengers the right to be carried. This specifically includes a payment to a club (e.g. subs to a Scout Group) that entitles you to travel free in the clubs transport even if the payment is not related to that particular journey.

Permit issued under Section 19 of the Transport Act 1985 allow certain non-profit organisations to charge for transport services without a PSV licence. The transport must only be for the organisation's own members or for groups the organisation serves.

Permit vehicles cannot be run as part of an activity that is itself carried on to make a profit and any charges must only cover running costs.

Vehicles that can carry fewer than 9 passengers do not require a permit even if the passengers pay.

How do we get a Section 19 Permit?

Permits are issued by a number of designated bodies who can issue to their member organisations. The Scout Association is one of the designated bodies so you should apply for your permit through them.

The permit is issued to a specific group, in our case the Scout Group. There is a small charge for issuing a Section 19 permit.

What do I get and what do I do with it?

For each permit granted a disc is issued. When a vehicle is being used under the permit the disc must be fixed to the inside of the windscreen so that it can be easily seen from outside the vehicle but does not obstruct the drivers view of the road.

You may move a disc from one vehicle to another, but if you wish to run more than one bus at any one time you will require a permit for each bus. Discs may also be used in this way for hire vehicles.

How long is the permit valid for?

There is no time limit on a permit and you will generally keep it indefinitely.

However the permit can be revoked or the conditions changed at any time by the Scout Association or the Traffic Commissioner if he informs the Scout Association. If the Scout Association stops issuing Section 19 Permits existing permits would cease to be valid.

What charges am I allowed to make?

You can set charges at a level to recover some or all of the costs of running the vehicle and may include an allowance for vehicle depreciation. This can not include the wages of any staff involved.

Charges must not be enough to make any profit even if it goes back into other running costs or charitable purposes.

The mentioning of any company in this section should not be taken as a recommendation to use that company.

Scout Insurance Services at Lancing are the specialists when it comes to insuring Scout vehicles.

They are not the only people who can provide you with a good deal on your minibus insurance. Also worth contacting are MiniBusPlus Ltd who operate a scheme in conjunction with Help the Aged called the Community Transport Scheme Policy which is designed for charities running their own minibus and includes free breakdown cover.

There will also be other companies out there willing to insure you but make sure that you tell them exactly what you are going to be using your minibus for and who is going to be driving it. Your insurer will need to know that you will (in effect) be receiving payment from passengers - in other words "operating for hire or reward" - but that you are exempted from the requirement for PSV operator licencing through the permit system. If they do not understand or they question this then go to another company.

It is the legal responsibility of the driver of the vehicle to ensure that the vehicle is in a roadworthy and safe state.

Any group running a minibus should have a written policy for who has the responsibility for checking the minibus on a regular basis. It may be the driver who gets prosecuted but it will be the Group, County and Scout Association who will get the blame if something goes wrong.

First of all you should adhere to the Manufacturers Recommended Servicing and Maintenance Schedule or in the absence of such documents use the suggested service periods from a reputable service manual (such as Haynes). You must keep all records and invoices relating to servicing and repairs of the vehicle.

You should have a simple form or "tick list" which the driver has to fill in before using the vehicle every time. This is an example form. You should also have a Fault Report

Form, such as this example which includes provision for reporting damage that occurred during the current journey.

Equipment you must carry

You must carry the following equipment:

• At least one fire extinguisher which complies in all respects with the specifications for portable fire extinguishers issued by the British Standards Institution, numbered BS 5423: 1977 or BS 5423: 1980 or BS 5423: 1987 and which:-
  • has a minimum test rating of 8A or 12B
  • contains water or foam or contains, and is marked to indicate that it contain, halon 1301, or halon 1211
• A suitable, clearly marked, first aid box which is readily available for use and kept in good condition. The following items must be kept in it in good condition:
  • Ten antiseptic wipes, foil packed
  • One conforming disposable bandage (not less than 7.5 cm wide)
  • Two triangular bandages
  • One packet of 24 assorted individually wrapped adhesive dressings
  • Three large sterile unmedicated ambulance dressings (not less than 15cm x 20cm)
  • Two sterile eye pads, with attachments
  • Twelve assorted safety pins
  • One pair of rust-proof blunt ended scissors
• The vehicle must also have a notice showing the maximum number of passengers it can carry painted in letters at least 2.5cm high. This must either be on the outside of the vehicle at the back, or inside the vehicle as long as it be seen from the outside.

Equipment you are advised to have

You should have reversing safety equipment on your minibus.

A Wide Angle Rear Window Lens gives you an increased view of the blind area behind your minibus.

A bleeper should be connected so that it sounds when the reverse gear is engaged to warn people that the vehicle is reversing. (note restrictions on hours of use of a reversing bleeper).

Both of these are available from the Community Transport Association

You should join a Breakdown Recovery organisation. There are many choices but you should ensure that you join a scheme that will get all your passengers home if you break down.

All minibuses with 9 or more passenger seats must go through an annual MOT Test from the first year. Vehicles with less than 9 passenger seats do not need to be tested until three years after they are first licensed.

Note: The MOT Test only shows that your vehicle is roadworthy on 1 day out of 365; it is no substitute for proper maintenance checks.

There are three classes of MOT Test:

• Class IV Test: Minibuses up to 12 passenger seats. Same test as for a car and can be carried out at any authorised MOT Testing station.
• Class V Test: Minibuses up to 16 passenger seats. Carried out at a Goods Vehicle Testing Station, some local authority transport depots and a few large garages.
• Class VI Test: More than 16 passenger seats. Can only be carried out at a Goods Vehicle Testing Station.

The Community Transport Association is a body representing and advising many community groups around the country on transport issues. Their Advice and Information Service is partly government funded and operates in conjunction with Help the Aged.

They can offer advice on all aspects of minibus operation and provide training on many subjects. They also produce and sell many very useful publications and videos at very reasonable prices including documents on "Choosing the Right Minibus" and "Your Minibus - Is It Legal" covering all your legal responsibilities in plain English.

Membership is open to individuals, community transport and other voluntary groups, local authorities and other statutory bodies. The fees are around 30-70 pounds depending on your funding and status. For this you get a magazine 6 times a year with lots of useful information and access to all the facilities offered by CTA including a Vehicle Purchase Scheme to get money off a new minibus.

The address for the Community Transport Association is:

Community Transport Association

Highbank

Halton Street

Hyde

Cheshire

SK14 2NY

There are many Community Transport Schemes around the country that have minibuses available for hire at cheaper rates than going to a commercial hire company. Hire is restricted to eligible groups which includes Scouts as a Registered Charity subject to a few restrictions on what the vehicle is used for.

You will generally have to pay a small membership fee each year and drivers may have to be tested by somebody from the scheme before being allowed to drive but in general if you have a scheme close to you then this is the best method of using a minibus.

A similar alternative is to see if you can hire a minibus belonging to a local school or college, although there may be more restrictions on who can drive and some schools have very high hire charges.

What types of vehicles are affected by the legislation and when will it apply?

The new requirements apply to minibuses and coaches, whether or not privately owned or used for hire and reward. For all minibuses, irrespective of age, and coaches first used from 1 October 1988 the legislation takes effect on 10 February 1997. Coaches first used before 1 October 1988 are required to comply one year later - 10 February 1998.

What are the new requirements?

There is a document produced by the Department of Transport on Advice to Users and Operators of Minibuses and Coaches Carrying Children (VSE1/96) that gives the details on the new regulations in an informative way.

I have attempted to pick out the more important parts of the regulations but you are advised to read the above document for more information.

Outline of requirements

Legislation was recently made that will require a forward facing seat with a seat belt for each child carried in a minibus or coach, when a group of three or more children are on an organised trip (organised trip is described below). For the purposes of this legislation:

• a child is a person who is 3 to 15 years of age inclusive;
• a seat belt is a minimum of a lap belt; and
• a seat has a minimum width of 400mm.

What types of vehicles are affected by the legislation and when will it apply?

The new requirements apply to minibuses and coaches, whether or not privately owned or used for hire and reward.

See above for definition of minibuses and coaches.

What types of journeys are covered by the legislation?

This legislation applies to a journey wholly or mainly organised to carry a group p of three or more children on a trip in a minibus or coach.

It is not possible to provide an exhaustive list of what could be considered as an organised trip. However, the key element is whether the journey is undertake n to transport children. School outings, trips by youth organisations and voluntary organisations, where transporting the children is the key element, are all s subject to this legislation. A journey to or from school, even when accompanied or driven by parents, and by road from one part of a school to another is an org organised trip. However, an organised trip using a normal scheduled service intend ed for the general population, and which would operate whether or not the children en were traveling, would not be included.

Other exemptions include a vehicle being used wholly or mainly for the purpose o f providing a transport service for the general public, and a vehicle being used to provide the type of registered local bus service described in paragraph 2 of the Schedule to The Fuel Duty Grant (Eligible Bus Services) Regulations 1985. For the former definition to apply each journey must meet the criteria. For example, this exemption could not be claimed on journeys undertaken by a minibus or coach to or from school even if the vehicle is mainly operated for the general public during the rest of the day.

Who is responsible for ensuring that the correct type of vehicle is used?

The driver and his or her employer would normally be legally liable for operating g a vehicle which does not comply with the requirements of the legislation. Therefore, before undertaking a journey they should establish whether or not the trip is wholly or mainly for children. The person arranging the journey should also so inform the vehicle operator, in advance, that the vehicle is required to transport children.

Do seat belts and child restraints have to be worn?

It is important that the seat belts or child restraints which have been fitted are worn. Children should wear a seat belt not only for their own safety, but the safety of others in the vehicle. Parents should actively encourage their children to wear a seat belt. When supervising a trip, parents, teachers and supervisors, should try and ensure that the restraints are worn. A single seat belt must not be used by more than one child, nor should a belt be placed around a child who is on an adults lap.

In the front seats of minibuses, and seats in coaches which are in line with, or forward of, the driver (but not those on the upper deck), it is the drivers responsibility to ensure that:

• children under 3 years of age use an appropriate child restraint;
• children aged 3-11 and under 1.5 metres in height wear an appropriate child restraint if available, or if not available, an adult seat belt;
• children aged 12 and 13 and younger children 1.5 metres or more in height wear a seat belt if fitted and available to be used.

In the rear seats of most minibuses, i.e. those which have an unladen weight of 2,540 kilograms or less, it is the drivers responsibility to ensure that:

• children under 3 years of age wear an appropriate child restraint if one is available to be used;
• children aged 3-11 and under 1.5 metres in height wear an appropriate child restraint if available, or if not available, an adult seat belt if one is available to be used;
• children aged 12 and 13 and younger children 1.5 metres or more in height wear a seat belt if one is available to be used.

Children aged 14 years and above must wear a seat belt if one is fitted and available to be used, and are responsible for doing so.

In the rear seats of coaches and larger minibuses there is no statutory r requirement for children to wear a seat belt or child restraint, but they should always be actively encouraged to wear them, when they are available.

Can vehicles with a side or rear facing seat still be used?

The legislation requires a forward facing seat, with a belt, to be available for each child. Vehicles fitted with a side or rear facing seat can still be used, but the number of children carried will be limited to the number of for ward facing seats with seat belts. For example, a minibus fitted with 14 passenger seats of which 3 are rear facing and 2 are side facing will be limited to carrying 9 children.

What type and standard of seat belt should be fitted?

The minimum requirement is for each child to have a lap belt. This will offer protection against the child being ejected and being thrown around inside the vehicle in the event of an accident. A three point seat belt (lap and diagonal belt) may also be fitted (and for some front seats this is required from new), as i t is generally recognised as offering greater protection. However, it must be understood that for some vehicles, especially older vehicles, the only viable option is to fit a lap belt because of the extra technical difficulties involved in fitting a three point belt.

The only realistic way to ensure that a seat belt is safe is to:

• fit an approved seat belt;
• ensure that the belt is installed in accordance with the seat belt manufacturers instructions - to provide correct positioning of the belt across the pelvis, and not the stomach; and
• ensure that the anchorages are suitably strong.

An approved belt will display one of the following approval marks:

• e, or E representing compliance with a European standard, or
• the British Standard Kitemark followed by either BS3254: 1960 (no longer issued for new approvals) or BS3254: part 1:1988.

It will also have an individual approval number and markings to show the different features of the belt.

When a seat belt is sold separately, it should always be supplied with fitting instructions and, in the case of an e or E marked belt, information should also be provided about the types of vehicle for which it is suitable.

What type of child restraint should be fitted?

An appropriate child restraint can be a baby carrier, child seat or harness. It would normally display a BS Kitemark or an E mark. It should also have a label displaying the child's weight range for which it is designed.

How do I fit seat belts to our old minibus or landrover to make it legal?

This is too involved a subject to discuss here and all the main points have been made in the Department of Transport's Advice on Retro-fitting Seat Belts to Minibuses and Coaches (VSE2/96).

Vehicle Maintenance Checklist

Vehicle Fault Report Form