Many Groups rely on the use of Leaders and Parents cars to transport Beavers, Cubs and Scouts on activities. It is important that people be aware of the potential complications which can arise with regard to Insurance and that they acknowledge their potential responsibilities.
Under United Kingdom law, the driver of a motor vehicle must hold a suitable third party insurance (including indemnity to passengers) and the minimum levels of cover have to be provided by any motor insurer. As this is a statutory requirement, The Scout Association does not provide any cover to individuals in respect of their liability as car drivers as this would be a pointless duplication of cover. It therefore follows that an individual driver must consider whether their use of their vehicle falls within the terms of their agreement with their insurers.
Scouting is classified as a social, domestic or pleasure activity and, as such, would be included as covered by United Kingdom motor policies. It is not classified as 'business use'. Some insurers have suggested it might be, but this is usually because they think Scout Leaders are paid! When the facts are explained their view concurs with the opening sentence of this paragraph.
The only potential blight on this otherwise happy situation is the 'hire and reward' exclusion contained in most policies. Some insurers interpret this literally and would view a £5.00 contribution to a £12.00 fuel bill as use of the vehicle for reward. Others (including our own private vehicle scheme insurers) take a less absolute view and would even accept a cost per mile re-imbursement. If in doubt, speak to your insurers.
Yet another burden imposed by the law of the land, is that the driver is responsible for anything carried on, in or attached to the vehicle. If you agree to tow the Group's trailer, make sure it is properly maintained and attached because it will be your insurers who pick up the bill if the thing flies off and demolishes someone's Jaguar. For similar reasons, make sure children do not open doors without instruction. A passing cyclist and his machine will not appreciate little Jimmy's assistance in coming to an abrupt halt and the mess on your paintwork could be difficult to remove.
'How many Cubs can get in a Metro' is not a game to be indulged in. Insurers must provide unlimited cover but they could cause you serious problems if you overload the car. Most cars are considered five seaters and that is what you should stick to. When organising transport, try to arrange 'one car too many' to guard against ending up with too few.
Generally, the use of private cars should pose few problems if common sense and care is taken. It is really no different from any other time when parents act as glorified taxi drivers for their children and friends, (and I speak from experience!). Parents and Leaders should be made aware of the facts and asked to confirm that they have suitable insurance. After all, Jimmy's mum will want to know that when he is in someone else's car, that person is meeting their legal obligation so be assured that if everyone is asked to produce evidence of cover (including leaders) and the reasons are explained, any reasonable adult should have no cause to object.
If anyone is in any doubt as to how their insurers will react, they should speak to them. If their insurers query the nature of Scouting, it might be an idea to copy this note to them. If any insurer really gets shirty, ask yourself how he might handle your claim! Find someone who is more reasonable (like our own private car scheme).
If you require any further information or advice contact Scout Insurance Services in Lancing.
MARCH 1995
