SCHOOL MINIBUS ADVICE

Driving a minibus is not, however, a task to be undertaken lightly and the safety of pupils and staff should always be the first consideration.The following rules apply to the incidental driving of minibuses by all types of educational establishments.

Essential Background: Driving Licence Categories

Drivers who passed a category B test (normal car test) before 1 January 1997 were granted automatically category D1 (passenger carrying vehicle - not for hire or reward) entitlement.

Since 1 January 1997 drivers no longer receive automatic category D1 entitlment when they pass a category B car test.

A driver who holds a passenger carrying vehicle D licence (for hire or reward) can drive any bus with more than 8 passenger seats.

If you volunteer to drive a school minibus you must, by law ensure a Section 19 permit has been obtained if
one is needed.  You must also:
 

• hold the appropriate full car driving licence to do so
• be at least 21 years old;
• be insured to drive the vehicle in question;
• not drive a minibus with more than 16 passenger seats
• have held a full driving licence for at least two years when driving a minibus under a Section 19 permit.

Non-commercial schools and educational bodies

Drivers who hold a category D1 driving licence can drive all weights of minibuses with up to 16 passenger seats as long as they are not employed to drive a minibus directly. ie. they undertake incidental driving.

The Motor Vehicles (Driving Licences) Regulations 1999 allow a school to use drivers who only hold a category B driving licence and have not passed a D1 (minibus) driving test for incidental driving under the following conditions:

•the driver has held a category B driving licence for at least 2 years;
•the driver is over 21 years of age;
•if the driver is 70 or over, is able to meet the health standards for driving a D1 vehicle;
•a non-commercial body is using the minibus being driven for social or curriculum purposes;
•the driver provides his/her services and receives no consideration for doing so, other than out of pocket expenses;
•the minibus has up to 16 passenger seats; and,
•the minibus is up to 3500kgs (3.5 tonnes) in weight, 4250 kgs (4.25 tonnes) where the minibus has been adapted to carry wheelchair passengers.

 

Schools and educational establishments as commercial bodies

Bodies that are deemed to be commercial, eg. independent schools which lack charitable status are normally only allowed to use category D1 drivers to drive their minibuses. Independant legal advice is necessary to ascertain if drivers who only have category B licences can be used. The interpetation of the establishments' status will be the primary objective of this legal advice.

Some private schools having private business status, operate their minibuses on a commercial operator's (PCV) licence. In these circumstances, the driver would not be permitted to drive the minibuses on a standard car licence. Current opinion is that the driving of students in minibuses for non-social purposes such as field trips is likely to be viewed by a court of law as being for 'hire and reward'. If the minibus is to be used for 'Hire and Reward', then a Passenger Carrying Vehicle (PCV) - Category D Licence is generally required.

Driving a school minibus and charging pupils

Generally, schools making a charge on a non-profit basis operate minibuses under a section 19 permit, allowing them to collect fares and contributions from pupils on a not-for-profit basis. This permit also allows certain drivers with standard car licences to drive these minibus under these conditions.   

Vehicle Maintenance

It is the driver's personal responsibility to ensure that the minibus has been fully serviced and is in a fit condition to drive on the road and that the necessary daily and weekly safety routines have been undertaken and the details entered in the vehicle log book. Failure to carry out these checks could absolve the employer from any vicarious liability.

 

Seatbelts in School Minibuses

The driver has the legal responsibility for enforcing this requirement and ensuring that seatbelts are worn, except in the case of adults and children aged 14 and over who are personally responsible for the wearing of their seatbelt.

Driving essentials

Before driving a school minibus you need to be aware of the following:

Volunteers who drive a school minibus are personally responsible for its roadworthiness.

For this reason it is essential that there is a proper vehicle maintenance system in operation and that certain basic checks are made before each journey begins.  If there appear to be any faults which might affect the passengers’ safety, then the vehicle should not be used until they are all remedied. Driver checks should include:

• Permit displayed
• Fuel level
• Oil level
• Tyres in good condition
• Windscreen wipers/ washers working
• Lights/brake lights working
• Indicators working
• Brakes (hand and pedal) working
• Fire extinguisher ( Extinguishers should comply with BS 5432 with a minimum test rating of 8A or 21B and
  should contain water or foam or halon 1301 or 1211).
• Paperwork (insurance, driving licence)
• Seatbelts working properly
• Mobile phone available
• Fully stocked first aid kit (containing as a minimum : 10 foil packed antiseptic wipes; 1 conforming disposable bandage (7.5+ cm wide); triangular bandages; 1 packet of 24 assorted adhesive dressings; 3 large sterile unmedicated ambulance dressings (15 x 20 cm or more); 2 sterile eye pads and attachments; 12 assorted safety pins; 1 pair rustproof blunt-ended scissors; Sterile gloves and mouth masks.

In addition to the above, there should also be a regular vehicle maintenance system in place to monitor more detailed mechanical matters such as tyre pressure, coolant level and brake fluid level.  Check the handbook to satisfy yourself that these checks have also been recently undertaken so that you can be confident that the school minibus is safe before you set off. .

Any defects  found by the police if the vehicle is stopped, would be the responsibility of the driver who will personally receive any fine and / or subsequent points on their licence, or even prosecuted (depending on the seriousness of the offence).  The driver would also be responsible for any road traffic offences committed.

It is the driver's responsibility to make sure that the minibus insurance policy covers all the uses relevant to how the vehicle is  being used.  i.e the total number of passengers allowed, the total weight and all the people allowed to drive the minibus.

Other useful equipment to carry in a minibus
• instructions and contact details for handling an emergency
• insurance policy details
• breakdown policy details, contact numbers etc
• mobile phone/phonecard/change for telephone - for emergencies
• high visibility coat (BS EN 471)
• portable flashing beacon
• working torch
• webbing cutter
• pen and paper

Speed limits for minibuses(not towing a trailer) for A class roads (where a lower limit is not signposted ) is 50 mph. On a dual-carriageway the limit is 60 mph and 70 mph on motorways. When towing a trailer the limit on motorways is reduced to 60 m.p.h. It should also be noted that the outer (overtaking) lane of a three or four lane motorway must not be used when towing a trailer.

That being said, from 1st January, 2007, there is a requirement for all diesel minibuses registered after 1st October 2001 to be fitted with a speed limiter restricting their maximum speed to 62mph. This will be extended from 1st January 2008, after which date there will also be a requirement for all minibuses (petrol and diesel) registered after 1st January 2005 to be fitted with a speed limiter.

By law, seat belts must be worn by drivers and passengers at all times. It is the responsibility of the driver to ensure that all passengers comply with this regulation. New seat belt laws require children under 135cm to wear child restraints in addition to seat belts. Driver responsibilities will vary depending on the type of minibus driven.

Ignorance to these seat belt laws will result in a new offence being committed, especially introduced for drivers of buses, coaches and minibuses. Drivers failing their passenger responsibilities can either expect to receive a £30 fixed penalty notice or a maximum fine of up to £500 if the case goes to court. Minibus owners and operators could also be fined a maximum of £2,500.

A fire extinguisher and first aid kit must always be carried;

Alcohol is illegal on buses going to and from sporting fixtures.

Side lights must be on when the minibus is parked on the street at night

Horns and reversing bleepers must not be used between 11.30 pm and 7.00 am (except on major roads).

RoSPA's Minibus Safety - A Code of Practice booklet can be downloaded here

This Guide is only intended for general help; it is not a legal document. Therefore you should seek your own legal advice if you have any doubts with these issues.

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