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Potter21118  
#1 Posted : 19 April 2018 14:03:48(UTC)
Rank: Forum user
Potter21118

I was wondering if anyone else in IOSH with minibus responsibilities was aware that on Thursday 08th February, the UK Government’s Department for Transport launched a consultation on the use of section 19 and 22 permits. This consultation sets out how it intends to change its guidance following a reinterpretation of how certain EU regulations on passenger transport and driver licencing should be applied in England, Wales and Scotland.  

I work for a school, as such we are classed as a ‘not-for-profit transport service’ and so we operate under a section 19/22 permit, rather than having to apply for a commercial operator’s licence.  This means like local authorities and charities we use MiDAS training and 10 weekly vehicle inspections, to ensure our transport services are safe and legal.

The crux of the matter is, following a challenge from a group of commercial bus operators, the Department for Transport has recently proposed changes to eligibility for section 19/22 permits. The changes are an attempt to clarify how European Union regulations regarding passenger transport and driver licencing should apply.

As a result of the proposed changes, all schools, charities, local authorities (or any other non-profits) running a 9 seat or more minibus on a section 19/22, may need to do so under Public Service Vehicle Operator’s Licence (PSV O licence) in the future.

As a school and looking the information provided by the Community Transport Association (see below), we will not have to apply for a full PSV O Licence.  However, the consultation may also mean that if the organisation uses any paid member of staff (regardless of their job role) to drive a minibus they will require a Driver CPC qualification.  

We are a large school with 85 MiDAS trained staff, most of them teachers, some of who (the younger ones) only have a class B driving licence.  In this eventuality, as a worst case scenario, in order to get all staff to be D1 licence holders and through their CPC will cost the school in the region of £55,000 and up to 295 lost working days.  That’s a lot of teaching time!!

If you need more information the Community Transport Association, has a lot more information.  https://ctablog.org/2018/04/13/help-us-protect-community-transport/

I would however be interested to hear from anyone else who is in similar boat to us, who would like to try and lobby against this becoming law.  These changes will have severe impact on our school’s educational visits and sporting fixtures, just so that some commercial transport companies can make some more money.

Let me know if you want direct contact details

Thank you

Philip

lorna  
#2 Posted : 20 April 2018 07:14:29(UTC)
Rank: Forum user
lorna

Thanks for the info - FE Colleges here! I'm just about to review our minibus policy so I'll check out that link. We operate 17 seaters under all the exemptions - & many of our drivers are too young to have a D1...

RP  
#3 Posted : 20 April 2018 16:22:51(UTC)
Rank: Forum user
RP

I would very much doubt that your drivers will be required to hold a DCPC qualification unless there is profit to be made from the users, i.e. charging for the use of the bus and driver (hire and reward).  At this time there is no legal preceedent to refer to.  You should ask your transport manager to seek clarity from DVSA.  This is a question I posed to DVSA (VOSA) when the DCPC Regs came in as to if drivers of school transport and voluntary drivers of mini buses needed a DCPC qualification, the bog standard reply I had (6 years ago) was to seek legal advice, now that was very helpful of them.

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