Can I drive a minibus?
Author
Discussion

richatnort

Original Poster:

3,204 posts

160 months

Thursday 14th October 2021
quotequote all
I have Cat B driving licence as i passed my test prior to 1997. My Daughters nursery was due to take the kids pumpkin picking but their driver had to drop out so it looks to be getting cancelled. However I don't mind sparing my time to take my daughter and kids as long as i'm legally allowed to drive the minibus.

from what i've read on the gov website it states this:

u might be able to drive a minibus with up to 16 passenger seats using your current car driving licence as long as there’s no payment from or on behalf of the passengers (it’s not for ‘hire or reward’).

Conditions you must meet
You can drive a minibus within the UK as long as the following conditions apply:

you’re 21 or older
you’ve had your driving licence for at least 2 years
you meet the ‘Group 2’ medical standards if you’re over 70 - check with your GP if you’re not sure you meet the standards
you’re driving on a voluntary basis and the minibus is used for social purposes by a non-commercial body
the maximum weight of the minibus is not more than 3.5 tonnes - or 4.25 tonnes including specialist equipment for disabled passengers, for example a wheelchair ramp
you’re not towing a trailer

I'm reading that as it's fine to do so as i'm volunteering but I wanted to just double check with the PH collective.

essayer

10,410 posts

223 months

Thursday 14th October 2021
quotequote all
"social purposes by a non-commercial body"

I think that's where you fall over, the nursery presumably is a company ? you're taking the children in their care on a trip, even though you're not being paid, you're 'working' for them

richatnort

Original Poster:

3,204 posts

160 months

Thursday 14th October 2021
quotequote all
Does it matter if the nursery is run by the council?

zetec

5,195 posts

280 months

Thursday 14th October 2021
quotequote all
Sure you would need a DBS check as well before taking on that task?

richatnort

Original Poster:

3,204 posts

160 months

Thursday 14th October 2021
quotequote all
zetec said:
Sure you would need a DBS check as well before taking on that task?
I have one of those from applying for my job i've still got the valid certificate

2 sMoKiN bArReLs

32,006 posts

264 months

Thursday 14th October 2021
quotequote all
richatnort said:
Does it matter if the nursery is run by the council?
The council is a commercial body? (Or at least it should be!)

If you do decide to go ahead check out you are insured too.

richatnort

Original Poster:

3,204 posts

160 months

Thursday 14th October 2021
quotequote all
2 sMoKiN bArReLs said:
richatnort said:
Does it matter if the nursery is run by the council?
The council is a commercial body? (Or at least it should be!)

If you do decide to go ahead check out you are insured too.
So on that note then if the council is a commercial body I need a D1 type licence & so the kids can't go pumpkin picking?

Drumroll

4,509 posts

149 months

Thursday 14th October 2021
quotequote all
zetec said:
Sure you would need a DBS check as well before taking on that task?
Strictly speaking, you don't as the driver would not be alone with the children. No doubt the Council will want one and are unlikely to accept the one the OP has.

2 sMoKiN bArReLs

32,006 posts

264 months

Thursday 14th October 2021
quotequote all
richatnort said:
2 sMoKiN bArReLs said:
richatnort said:
Does it matter if the nursery is run by the council?
The council is a commercial body? (Or at least it should be!)

If you do decide to go ahead check out you are insured too.
So on that note then if the council is a commercial body I need a D1 type licence & so the kids can't go pumpkin picking?
If there's only 16 of them could a few cars do it? Or a bus?

OverSteery

3,794 posts

260 months

Thursday 14th October 2021
quotequote all
richatnort said:
2 sMoKiN bArReLs said:
richatnort said:
Does it matter if the nursery is run by the council?
The council is a commercial body? (Or at least it should be!)

If you do decide to go ahead check out you are insured too.
So on that note then if the council is a commercial body I need a D1 type licence & so the kids can't go pumpkin picking?
The whole area is a nightmare.

As I understand it - I am not a lawyer..... I did run a couple of minibuses for a scout group for a few year, but it sounds a similar situation.

Firstly do you have a D1 category on your licence ? if you passed pre 97, then you should, and that's the one you need for a decent sized minibus.

The bigger minibus require a D1, up to 16 seats I think. If you don't have D1 then you will be limited to smaller/lighter minibus. It must be Sub 3500Kg fully loaded, Every new model Transit minibus under 3500Kg MAM carries fewer passengers as the modern bloat takes affect. 10 seats on the new vehicles, but older ones had 12.

After the license you still have another issue. It doesn't matter if the council is a commercial body. If you are using the minibus to carry members of an organised group with a membership or attendance fee then it is likely that you will need a full PSV OR a Section 19 -Transport Act1985 Permit (Small Bus Permits).

https://www.gov.uk/government/publications/section...

I know the scout insurance was very explicit that without a permit, they would not provide cover.


Edited by OverSteery on Thursday 14th October 18:40

The teacher

126 posts

132 months

Thursday 14th October 2021
quotequote all
Depending on the council, you may also need to have had MIDAS training. It's a stipulation in Hampshire, although that is for schools so not sure if it would differ for other settings.

silverfoxcc

8,399 posts

174 months

Thursday 14th October 2021
quotequote all
AS an ex minibus driver just retired ( the over 70 was enough for one 3 year extn!!

I worked for a charity and also got paid
We carried members around the local area foc if they had a bus pass and charged them rates less than cab rates for journeys outside the are
The charity also organised day trips for which they paid a fare and for which we got paid

Also charirty got a contract with the local council bussing special needs kids to/from home and that i can honestly say was the most enjoyable part of the job, which was great anyway

and as well as being CRB screened we had to pass MIDAS modules every two years ( https://ctauk.org/training/midas/, )no current cert...no driving.although there were several minibus companies who thought MIDAS was a waste of time I didn't and nor did the other drivers

OverSteery

3,794 posts

260 months

Thursday 14th October 2021
quotequote all
silverfoxcc said:
AS an ex minibus driver just retired ( the over 70 was enough for one 3 year extn!!

I worked for a charity and also got paid
We carried members around the local area foc if they had a bus pass and charged them rates less than cab rates for journeys outside the are
The charity also organised day trips for which they paid a fare and for which we got paid

Also charirty got a contract with the local council bussing special needs kids to/from home and that i can honestly say was the most enjoyable part of the job, which was great anyway

and as well as being CRB screened we had to pass MIDAS modules every two years ( https://ctauk.org/training/midas/, )no current cert...no driving.although there were several minibus companies who thought MIDAS was a waste of time I didn't and nor did the other drivers
Really interested to read this.
So did you have neither a PSV nor small bus permit? The permits are assigned to the organisation, not the driver - so they may have been put in place by someone else.
How many people did you transport in the vehicle ?

As I understand it MIDAS has no significance in law - just "a good idea to train people" ?

vaud

59,373 posts

184 months

Thursday 14th October 2021
quotequote all
richatnort said:
zetec said:
Sure you would need a DBS check as well before taking on that task?
I have one of those from applying for my job i've still got the valid certificate
DBS needs to be reapplied for for each job, it is not transferrable.

48k

17,376 posts

177 months

Thursday 14th October 2021
quotequote all
vaud said:
richatnort said:
zetec said:
Sure you would need a DBS check as well before taking on that task?
I have one of those from applying for my job i've still got the valid certificate
DBS needs to be reapplied for for each job, it is not transferrable.
Depends on the level. DBS Basic Check can be applied for by anyone and lasts a year for whatever you want to use it for. DBS Standard Check and above is applied for by the employer.

vaud

59,373 posts

184 months

Thursday 14th October 2021
quotequote all
48k said:
DBS Basic Check can be applied for by anyone and lasts a year for whatever you want to use it for. DBS Standard Check and above is applied for by the employer.
Needs to be DBS enhanced for nursery and childcare settings and enhanced can only be transferred under a few conditions.

martinbiz

3,698 posts

174 months

Thursday 14th October 2021
quotequote all
48k said:
vaud said:
richatnort said:
zetec said:
Sure you would need a DBS check as well before taking on that task?
I have one of those from applying for my job i've still got the valid certificate
DBS needs to be reapplied for for each job, it is not transferrable.
Depends on the level. DBS Basic Check can be applied for by anyone and lasts a year for whatever you want to use it for. DBS Standard Check and above is applied for by the employer.
I had no problems with my enhanced DBS getting accepted moving to different organisations, all football coaching related but different leagues and clubs

vaud

59,373 posts

184 months

Thursday 14th October 2021
quotequote all
martinbiz said:
I had no problems with my enhanced DBS getting accepted moving to different organisations, all football coaching related but different leagues and clubs
Yes, you can move it if the job role is very similar. One nursery to another nursery is possible.

But not say, taxi driver to nursery.

Ganglandboss

8,546 posts

232 months

Friday 15th October 2021
quotequote all
zetec said:
Sure you would need a DBS check as well before taking on that task?
It's unlikely. DBS checks are only needed if it is a regulated activity. You are exempt if the contact with minors or adults at risk is not regular, and you are never unsupervised. I'm assuming there will be staff present on the bus as well.

https://assets.publishing.service.gov.uk/governmen...

Bone Rat

378 posts

192 months

Friday 15th October 2021
quotequote all
From the licence aspect you should be OK - the D1 as part of the ordinary licence - in jargon terms 'the implied entitlements' can be used for voluntary situations like this where is no no direct remuneration from either passengers or as part of an employment contract. If there was an arrangement for payment for it especially if a regular function the you'd need the D1(hire and reward) lic with all the faff that entails with medicals and tests.

I make no comments about any other stipulations that may come into it like DBS etc

https://www.gov.uk/driving-a-minibus