Operating a minibus – the legal requirements 


  1. Who can drive?
  2. Operators license – and do you need one?
  3. Seatbelts – the rules
  4. Taking a minibus abroad
  5. Towing with a minibus
  6. Tachographs – what are they and do you need one?
  7. Signage for school minibuses
  8. Safety inspections and MOT’s – what are the rules and recommendations?
  9. Driver training
  10. Additional information and reading
 
1) Who can drive?
The rules regarding who can drive a minibus in the UK are determined mainly by when the intended driver first passed their car driving test and also if the driver is being paid to drive the minibus.
If the entitlement to drive cars was given after 01/01/97 then the driver will need to apply for a minibus licence (category D1). There are various exceptions to this pertaining to Minibus and Community Bus Permits and also the issue of hire and reward and whether the driver is being financially rewarded (paid) for the driving of the minibus.
If the entitlement to drive cars was given before 01/01/97 then the drivers licence will show either category A (manual cars) or B (automatic cars) and D1 which allows for the driving of a minibus (with minimum of 9 and a maximum of 16 passenger seats) not for hire and reward.
It is recommended that drivers licences are checked at-least every 6 months to ensure that they are still valid as category’s can be removed by the authority.
 
2) Operator’s Licence – what types are there and do you need one?
If you operate a passenger-carrying vehicle for reward then you do need an Operating Licence. The term reward is quite loose but can include payment of school fees or even payments made by Parents/Guardians towards the cost of a school trip.
Given this, it’s likely most schools, colleges and universities will need an Operator’s Licence – if the organisation is non-profitmaking then consider a Section 19 Standard Permit (issued by Local Authorities, VOSA and Community Transport Association CTA to their members). If the organisation is a profit-making entity you may need a PSV Operator’s Licence and should contact your local Traffic Commissioner.   
 
3) Seatbelts – the rules
All new UK supplied minibuses are supplied and fitted with 3 point seatbelts (rather than the ‘lap belt’ of older vehicles. Therefore the driver and all passengers must have a seatbelt safely secured during all journeys. It’s also essential that child and booster seats are correctly used and maintained where required.
 
4) Taking a minibus abroad
To take your minibus abroad you will need to ensure that all drivers have a full and unrestricted D1 category drivers licence (regardless of what Operator’s Licence the vehicle is usually operated under in the UK.
In addition the vehicle will need to be fitted with a correctly calibrated tachograph (see section 6) and operated within the limits determined by such tachograph.
You will also need to carry foreign travel authority from the owner of the minibus as well as carrying a Waybill or Own Account Certificate. In addition it is recommended that the driver be ‘current’ and practised at driving on foreign roads.
 
5) Towing with a minibus
As well as ensuring that the total combined gross weight of the laden minibus and trailer do not exceed the manufacturers limit if driven on a D1 category licence you are limited to a 750 kg Maximum Authorised Mass (MAM) of the trailer.
If the driver holds a D1+E category licence then the limits are higher.
Thought is to be given to the training of drivers in this area, see section 9.
 
6) Tachographs – what are they and do you need one?
A tachograph is a device (previously mechanical but nowadays electronic) that records and stores the times, speed and length of journey and the timing of driving breaks. As well as being essential when driving a minibus abroad and when using paid drivers, they also serve as a good reminder of the actual time spent driving versus resting.
 
7) Signage for School minibuses
A particular requirement exists for school minibuses (that transport children to and from their school at the beginning and end of each day) to display a school bus sign at both the front and rear of the vehicle. In addition minibuses need clear EXIT signage for emergency situations.
 
8) Safety inspections and MOT’s – what are the rules and recommendations?   
Minibuses require MOT testing each year (on the anniversary of first registration date) - this should be considered a ‘snap-shot’ of the condition of each vehicle on the day of MOT test. It is essential that each vehicle is maintained in accordance with the Manufacturers recommendations and that regular (at least every 13 weeks) safety inspections are performed by a competent person and that any faults are rectified immediately. In addition daily checks are to be performed on tyres (tread and pressures), oil level, coolant level, and fuel level.

9) Driver training
You should consider driver training to be an essential part of operating a minibus. Given the size, weight and most importantly ‘cargo’, it is essential that drivers are well trained for the equipment that they are using (including trailers, use of tachographs, and any supplied first aid supplies) as well as the additional challenges of driving a perhaps unfamiliar vehicle on foreign roads. Training should be considered and evaluated regularly rather than seen as a ‘single event’. 
10) Additional reading and information sources
Many excellent and informative guides exist to add further to the scope and detail of this brief discussion document, including (but not limited to):
a) www.rospa.com – Minibus Safety, a Code of Practice
b) www.ctauk.org – Community Transport Association – FAQ’s for Schools, Colleges and Universities Operating Minibuses
c) www.direct.gov.uk/driving - Driving a Minibus - INF28
 


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