Taxi Leaks has been asked to post the following information as a follow up to two articles posted on Taxi Leaks. https://andersonshelter.blogspot.com/2019/10/a-pilot-of-gosutton-on-demand-bus.html?m=1
Th first update pertains to the vehicles being used as a 'bus service' in Sutton, which under legislation should have more than 9 seats, charge per person, and stick to a ridged route and time table.
So why are the vehicles and drivers licensed as PHV & PHD.
What is ‘hire or reward’?
Where minibuses are operated as a core business activity for personal or commercial profit, this is deemed to be for ‘hire or reward’. Hire or reward' encompasses any payment in cash or kind by (or on behalf of) passengers which gives them the right to be carried.
Some commercial businesses i.e private nursing homes and school nurseries etc, operate minibuses as a small part of their business activity. In these cases, because the business gets paid a fee by their clients to be residents of their home, or children in their care, which indirectly includes the use of the minibus, this would be classed as ‘hire or reward’. Other examples of ‘hire or reward’ include where petrol money has been taken for taking children to school every day; or where courtesy coaches have been provided by a hotel as part of their amenities.
If the minibus is to be used for 'Hire and Reward', then a Passenger Carrying Vehicle (PCV) - Category D Licence is required.
Driving a mini-bus with nine seats or more, for hire or reward
In most circumstances you will need to obtain passenger carrying vehicle entitlement (PCV) which will involve a requirement to meet higher medical standards and take a further driving test. You will need to apply to your appropriate Traffic Commissioner and fulfil the necessary legal requirements. If you are being paid to drive a minibus for hire or reward under a PCV Operator’s Licence, you can only do so if you have full Category D1 entitlement obtained through the passing of the theory and practical test for this class of vehicle irrespective of when you passed your driving test to drive a car.
However, up to two vehicles each carrying no more than sixteen passesngers can be used for hire or reward under a restricted PCV Operator’s licence by a person or company that is not in the business of carrying passengers in vehicles adapted to carry more than eight passengers i.e by a taxi firm, where use of this size vehicle is not ‘regular’.
If you drive a minibus for an organisation under the minibus or community bus permit scheme, you will not need to have the higher PCV entitlements. Application can be made to a voluntary organisation that is acting as an umbrella body or alternatively the Traffic Commissioner.
PCV (PSV)
Getting a PCV driving licence (previously known as a PSV - Public Service Vehicle) If you want a licence to drive a minibus,and you currently hold a valid full driving licence you will need to apply to the Driver and Vehicle Licensing Agency (DVLA) for a provisional entitlement to drive a PCV. You will need to complete the application form D2 and the medical report form D4. These are available from the DVLA form ordering service. The D4 has to be completed by a doctor (including a doctor’s fee of £50-£70) and you will need to meet the PCV eyesight requirements. There are also requirements ie. being of good character and over 21 years of age.
The UK driving theory test was introduced in July 1996 as a written examination and updated to a computer based test in 2000. The test is conducted by the DSA (Driving Standards Agency). The PCV (D1) driving test is similar to the test taken by coach drivers, only the vehicle you would drive is a minibus. The Driver CPC Module 1 PCV theory test costs £50.00 and.is divided into two separate parts; the Multiple Choice Test (100 questions) £35.00 and the Hazard Perception Test (19 interactive clips) £15.00.
The multiple choice questions are about a wide range of driving related topics such as the HIghway Code, vehicle weights and dimensions, drivers' hours, the carriage of passengers, hazard perception, environmental issues plus other matters relating to passenger carrying vehicles and driving law. Mock theory tests can be found on the DSA website www.dvsa.gov.uk The second part is the Hazard perception test which must be passed at the same time. The pass mark for the multiple choice part of the theory test is now 51 out of 60 . Those taking LGV or PCV (lorry or bus) tests must also score at least 50 out of 75 in the hazard perception test. If you pass one part and fail the other you'll fail the whole test, and you'll need to take both parts again.
From 1 January 2012, new theory tests will be introduced using questions and answers that the candidates will not have had access to - a change to the Q&A banks that had previously been published by the Driving Standards Agency since theory tests began in 1996.
From September 2008 new legislation will require drivers with vocational licences (PCV D or D1 categories obtained by a separate test) to undertake additional regular training and be required to undertake and pass an additional Driver CPC module containing case scenarios before you’re even allowed to take practical driving lessons in a minibus in order to keep their vocational licences valid. This training is to ensure that all bus and coach drivers understand their responsibilities and keep up to date with new laws and regulations. The PCV minibus practical driving test lasts 90 minutes . During the driving test the examiner will give you directions which you should follow. Test routes are designed to be as uniform as possible and will include a range of typical road and traffic conditions. More information is available on the Transport Office website.
What are the rules on drivers’ hours for minibuses?
Further information on both the EU and Domestic Drivers’ Hours Rules is published by VOSA in (PSV 375) obtainable as above.
A vehicle which is being used on a Section 19 permit is still a public service vehicle and is subject to domestic drivers’ hours rules when a person is driving in the course of his/her employment. Therefore if payment to the driver has taken place (unless it is out of pocket expenses) then domestic drivers’ hours rules apply.
Domestic drivers’ hours rules do not apply for the private use of a minibus or when permit vehicles are driven by volunteer (i.e. unpaid) drivers.
Obviously if a vehicle is being used as a PSV on a Regular Service (local/ non local) then the relevant domestic drivers’ hours rules apply (or in the case of a route exceeding 50 km, EU Hours’ Rules).
For PSV non-regular services when a minibus is being used for a non-regular national service, then domestic rules apply. For international services then the EU rules apply.
If a minibus is being used for international journeys (including private use) then EU drivers’ hours rules apply.
Minibus permits
Minibus and Community Bus Permits (Section 19 permits) are issued to organisations concerned with education, social welfare or other activities of benefit to the community. They allow certain organisations, including schools, to make a charge without having to comply with the full public service vehicle operator requirements and without the need for the driver to have a PCV (Category D1 or D) entitlement.
Certain organisations can apply for a Minibus Permit, (Section 19 -Transport Act 1985) for vehicles that can carry between nine and sixteen passengers. The Permit allows organistations like volunteer groups concerned with education, religion, social welfare, recreations and other activities that are beneficial to the community to make a charge without having to comply with the full passenger carrying vehicle entitlement (PCV) operator licensing requirements and without the need for their drivers to have PCV entitlement.
Many community transport organisations and charities now operate minibuses under a section 19 permit which, allows for the service provided to be for the organisations’ own members or for groups of people whom the organisation serves. Such organisations can charge or accept a form of remuneration for providing transport at a level to recover some or all of the costs of running the vehicle, and may even include an allowance for vehicle depreciation but the service must not be provided to members of the general public and the charges made must be on a non-profit basis. This non-profit requirement extends to cover any direct costs connected with a particular trip such as expenses incurred by volunteers, but not the wages of any staff involved.
A driver of a Section 19 permit minibus can either be paid or an unpaid volunteer.
It should be noted however, that volunteer minibus drivers who passed their car driving test after 1st January 1997 are restricted to drive minibuses which weigh no more that 3500kgs gross vehicle weight.
NB. Schools must hold a ‘Section 19 permit’ if minibus journeys are funded to any extent by outside sources such as parents or parent teacher associations. Schools and educational establishments who do not charge their pupils do not normally need a section 19 permit. See driving a school minibus. Section 19 permits can be obtained from your local Traffic Area Network Office or visit the Vehicle and Operator Services Agency website: www.vosa.gov.uk.
Driving a school minibus abroad
The Section 19 permit arrangements apply only in the UK and you cannot take a permit minibus abroad, if it is used for hire or reward, unless you hold either PCV D1 or D entitlement. When a school minibus is taken abroad, a tachograph must be fitted and used throughout the journey , observing EC drivers’ hours regulations.
How can I tell if a minibus is being operated on a commercial operators licence (PCV) or under a section 19 permit?
Above the tax disk on the windscreen of the minibus should be another disk. If the minibus is being operated under a PCV licence the disk will be either blue or green. A white disk indicates that the minibus is being operated under a section 19 permit.
A Section 22 (Transport Act 1985) permit allows a minibus to be operated by bodies on a local bus service on a voluntary non-profit basis but only using unpaid volunteer drivers. Application needs to be made to the Traffic Commissioner for your area.
Section 19 and Section 22 permits are only applicable to the United Kingdom.
What are the rules on drivers’ hours for minibuses?
Further information on both the EU and Domestic Drivers’ Hours Rules is published by VOSA in (PSV 375) obtainable as above.
A vehicle which is being used on a Section 19 permit is still a public service vehicle and is subject to domestic drivers’ hours rules when a person is driving in the course of his/her employment. Therefore if payment to the driver has taken place (unless it is out of pocket expenses) then domestic drivers’ hours rules apply.
Domestic drivers’ hours rules do not apply for the private use of a minibus or when permit vehicles are driven by volunteer (i.e. unpaid) drivers.
Obviously if a vehicle is being used as a PSV on a Regular Service (local/ non local) then the relevant domestic drivers’ hours rules apply (or in the case of a route exceeding 50 km, EU Hours’ Rules).
For PSV non-regular services when a minibus is being used for a non-regular national service, then domestic rules apply. For international services then the EU rules apply.
If a minibus is being used for international journeys (including private use) then EU drivers’ hours rules apply.
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.
See also Renault Trafic LL30 9 Seat LWB, Ford Custom Tourneo Titanium 9 Seat, Lightweight minibuses for car licences
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.
TAXI LEAKS EXTRA BIT : Article Two
https://andersonshelter.blogspot.com/2019/10/what-are-tfl-waiting-for-why-did-uber.html?m=1
Taxi Ranks
http://content.tfl.gov.uk/taxi-drivers-abstract-of-laws.pdf
40. Appointment of and Regulations for taxi ranks (London Hackney Carriages Act of 1850 s4) TfL may appoint taxi ranks and make regulations as to the limits of the ranks, the number of taxis to be allowed to ply for hire there, the time during which they may ply for hire and also for enforcing order at the ranks, and removing any person unnecessarily loitering there.
It is TfL/T&PH (Gary Snewing – Rank & Infrastructure Manager) who appoints the ranks, therefore, it is their responsibility for enforcement and not down to the local councils.
Yours Sincerely
Les Hoath (Chairman)
London Suburban Taxi-drivers’ Coalition
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