Operational Advice

1. Entitlement to Drive

Managers / Head Teachers / Responsible Persons should ensure that everyone who reports to them, and is required to drive as part of their normal duties is in possession of a valid driving licence. Such checks should be repeated every six months, and records should be maintained to evidence the audit.

UK Nationals
UK drivers who passed their ordinary car driving test prior to 1 January 1997 will normally have been issued an old style UK Driving Licence showing vehicles of Group A or a new style EC Driving Licence showing vehicles of Categories B, C1 and D1.

Drivers who passed their ordinary driving test after 1 January 1997 are only issued a Driving Licence showing vehicles of Category B (up to 8 passenger seats); Categories C1 and D1 are no longer issued automatically.

All drivers of minibuses (9-16 passenger seats) are required to hold a valid driving licence showing either Group A on an old style UK Licence or Category B and D or D1 on a new EC style Licence issued in any EU Country.

Drivers who passed the car test (Category B) after the 1st January 1997 and who wish to drive a minibus are required to take a further Statutory Driving test for vehicles in Category D or D1. However; certain drivers who passed the car test (Category B) after 1 January 1997 are permitted to drive a vehicle in Category D1 (minibuses) without the need for a further test so long as the following conditions are met: -

1. A full driving licence has been held for at least two years
2. The driver is aged 21 years or over
3. The driver receives no payment (or any other consideration) other than out of pocket expenses (i.e. they are a volunteer)* 
4. The vehicle is driven for social purposes only 
5. There is no trailer attached 
6. The maximum authorised mass (mam) of the vehicle does not exceed 3.5 tonnes, or if fitted with specialised equipment used for disabled passengers, does not exceed 4.25 tonnes.**

* To establish if a person can be categorised as a volunteer driver, the following issues should be addressed:- 

• Is the organisation a non-commercial body? 
• Is the driving for social purposes? 
• Can the driver be compelled by his/her employer to drive? 
• Is the driver being paid specifically for the driving?

If the first two questions can be answered positively, and the answer to the latter two is no, the driver may be considered to be driving on a voluntary basis.

**Many standard minibuses (including those operated by the Council’s establishments) have a maximum authorised mass exceeding 3.5 tonnes and those fitted with specialised equipment used for disabled passengers usually exceed 4.25 tonnes maximum authorised mass. (Gross vehicle weight - gvw) Details of the maximum authorised mass can be obtained from the Vehicle Identification Number (VIN) Plate, usually located within the engine compartment or within the cab of the vehicle. The mam or gvw of the vehicle is specified in kilograms.

2. Driving Licence Category E Trailers

All drivers who passed a car test before 1st January 1997 retain their existing entitlement to tow trailers until their licence expires. This means they are generally entitled to drive a vehicle and trailer combination up to 8.25 tonnes MAM. They also have entitlement to drive a minibus with a trailer over 750kgs MAM.

Drivers who passed a car test on or after 1st January 1997 are required to take a further Statutory Driving Test if they wish to tow a trailer exceeding 750kg maximum authorised mass. This also includes drivers who may have already passed an additional Driving Test for Categories C, C1, D, and D1

3. Foreign Nationals

European Union (Resident) Holders of Licences issued by member states of the European Union may drive in the UK until aged 70 or for 3 years after becoming resident whichever is the longer. Holders of Community licences with vocational entitlement (Categories C and D) must register their details with DVLA (Driver and Vehicle Licensing Agency).

Non EU Staff, - licences must remain valid in their ‘home’ country. Staff may drive in the UK for 12 months only. To continue driving it will be necessary to take a UK Statutory Driving Test (within the 12 months) after first applying for a Provisional Licence. Drivers must be encouraged to exchange their licence for a UK licence as soon as possible as it is often difficult to interpret the classifications of licences from non-EU Countries. Staff in this category may only drive vehicles with eight seats or less.

All non-UK staff should receive additional vocational training to ensure that they are sufficiently skilled and experienced to drive in the UK.

4. Minibus Driver Assessment/Training

Lincolnshire County Council recommends all drivers have formal training. This assessment programme may be either the “Minibus Driver Awareness Scheme (MiDAS); or, the LCC l Driver Assessment Scheme. (Managed for LCC by Road Safety Partnership).  Both evaluations are very similar, and both certificates last for five years, training is required for wheel chair passenger lift if fitted, both operational and securing of wheelchairs, both types of training undertake to appraise the following:-

• Minibus driving 
• General defensive driving
• Passenger safety
• Personal safety for drivers
• Breakdown and accident procedures
• Vehicle daily checks
• Legal requirements for drivers
• Use of safety equipment
• Disability awareness
• Passenger assistance

5. Driver Health

The Driver of any minibus must be free of any medical condition that would prompt the DVLA to withdraw his/her Driving Licence. Eye site must be good. Alcohol and narcotics must not affect the Driver. Some prescribed drugs, and ‘over the counter’ remedies can also cause problems, extreme caution should be employed, if in doubt, don’t drive.

The Driver should ensure that sufficient rest has been taken prior to a journey commencing, and if appropriate, take further rest after driving for two hours. Consideration should be given to an individual who may have worked on other duties for many hours, and is about to drive without a suitable and sufficient rest period.

6. Insurance

Is your vehicle insured? Of course! You believe that it is listed on your insurance policy, or you are covered by virtue of a group policy. Do not take it for granted! Double check!

The following issues may result in risk cover exposure. You should always check and never assume!

• You are listed on the LCC policy.
• Your broker always notifies you when the policy is due for replacement.
• An older vehicle has been cascaded from your fleet, and a replacement vehicle is now in use. Has the change been logged?
• You intend to hire a minibus. Is insurance on a Group Policy? Are you expected to make your own insurance arrangements?
• Does Your Driver hold the appropriate entitlement to drive this category of vehicle!
• Does your insurance policy require a minimum driving standard?
• If your driver has penalty points on his/her licence. What limitations are imposed by your insurer

7. Licences

A valid Vehicle Excise Licence should be displayed on the vehicle at all times. (These are stolen from time to time, so check that the disc is still in the windscreen, visible, and legible.)
A section 19 Minibus Permit is required for each minibus in operation. The permit should be displayed in the window which will allow the legal operation of a minibus  between nine to sixteen passenger seats on a none hire and reward basis The criteria for what is regarded, as ‘Hire or Reward’ is very specific, which would mean operating for profit, were as a section 19 is for none profit