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Posted By Eric Burt
Have any local authority colleagues considered the requirements for a category D1 licence to drive a minibus for teachers who have passed their test since 1997?
There is a debate as to whether teachers who drive the school minibus are to be regarded as volunteers.
Thanks,
Eric
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Posted By Chris Pope
I work in the independant sector a bit and have taken the view that extra curricular activities such as driving must be regarded as employed work, even if the contract of employment does not specifically refer to the specific responsibility when driving the employer's vehicle. There almost certainly is no extra pay for doing it!
I can't see how this type of work can be viewed as other than carried out in the course of ones employment.
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Posted By RP
If they are being paid then they are employed. Care should be taken to train all minibus drivers regardless of the licence they hold. I have seen many mini buses being driven overloaded or with trailers over 750kg for which the driver is not automatically licenced for after Jan 1997. All LA minibus drivers should be assessed for driving minibuses even if they are volunteers, if only for insurance purposes. This applies to youth clubs as well. There may be a exeption certificate for the number of seats but this does not replace driver training.
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Posted By Mark B Eric, Teachers are not normally considered volunteers under hire or reward. like must things it will probably take a court case to resolve this fully. you can get further advice from the Community Transport Association. their web site is http://www.communitytransport.com/hope this helps regards Mark.
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Rank: Guest
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Posted By Mark B Eric, Teachers are not normally considered volunteers under hire or reward. like must things it will probably take a court case to resolve this fully. you can get further advice from the Community Transport Association. their web site is http://www.communitytransport.com/hope this helps regards Mark.
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Posted By Martin Gray
Eric
If you are permitting teachers to driver minibuses (passenger vehicles over 8 seats + driver who has not got a category D driving licence you are condoning them in committing an offence under the Road Traffic Act (Driving otherwise than in accordance with a licence. It does not matter whether or not they are volunteers or employees they must have the correct category on their licence.
If they do not have the category you will probably find your insurance on the vehicle is invalid
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Rank: Guest
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Posted By Eric Burt
For drivers who passed their test prior to 1997 category D1 was included, however, since 1997 a separate licence is required.
The DVLA states that drivers who do not have D1 can still drive a minibus for a non commercial body for social purposes but not for hire or reward as long a they are aged 21, have held a car licence for 2 years and are providing a service on a voluntary basis only.
From my research and following replies to this thread (some sent directly) it appears the weight of opinion is that teachers are not volunteers. The CTA state"It is the CTA's view that for driving licence purposes, a person cannot be considered to be unpaid when driving for an organisation and be a current employee for that same organisation".
We have always provided proper training and assessment for minibus drivers, as I suspect most other local authorities have. However, the law is still unclear regarding this D1 issue and I have found the DVLA information does not clarify the situation.
Many thanks for all who replied - much appreciated.
Eric
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Posted By Martin Gray
Eric
I have just checked with my head of roads policing, if the driver of the vehicle does not have the correct category for the vehicle that they are driving then they are committing and offence. No matter whether the vehicle is being used for social, of hire or reward they must have the licence for the type of vehicle they are driving.
The drivers current licence will only have D1 as a provisional licence holder and therefore must be accompanied by a qualified driver.
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