There has been reports in the industry news concerning the number of illegal operators of mini bus services who are operating un-hindered by the regulatory enforcement agencies.  The report in Routeone highlighted the safety risk associated with illegal operators of mini-bus services who are side stepping the rules and exploiting gaps in regulatory oversight.

The article highlights the anecdotal report of the amount of illegal mini-buses that can be found dropping off stag and hen parties at airports as well as at large social gatherings such as race meetings or music concerts, and bemoans the seeming lack of any action by the DVSA or the Office of the Traffic Commissioner to address these “pirates”, who are playing fast and loose with the regulatory regime.

The use of brokers for booking by members of the public is cited as an “enabling cause” of this new scourge, because legitimate brokers adhere to strict standards for who they allow to canvas for business via their sites, when “rogue” brokers do not, allowing easy access to the UK market for operators who choose not to abide by the rules.

Safety First

The primary objective of the regulatory regime in the UK for any business offering a vehicle for hire and reward, be that a mini-bus through to a 70-seater coach is safety.  Safety for the passengers of the vehicle and its driver and safety for other road users.  The oversight that is provided by, for instance, the compulsory use of tachographs to monitor driver’s hours as well as the necessary maintenance and safety inspections regimes that PSV Operators are required to undertake are aimed at ensuring as far as possible that vehicles are safe to use on the UK’s roads.  Similarly, the training and qualifications that drivers of commercial passenger vehicles are required to undergo have the same aim; Safety for drivers, passengers and other road users.

Of course with all these rules and regulations the need for training comes at a cost.  Running a PSV operation within the rules of the regulatory regime is not a cheap undertaking and that is often reflected in the prices quoted for jobs.  Illegal operators, if not caught, by their very nature bypass much of that cost and are therefore able to undercut legitimate operators to attract business from unsuspecting customers.  It is not clear if the majority of the General Public would even know about the O Licencing regime, and they are unlikely to know what questions to ask a possible mini-bus operator to check if they were correctly licensed before booking them for a trip to the races for their group of friends.

The DVSA when commenting on the Routeone piece stated that it “responds to intelligence reports about illegal operators in addition to its follow-up investigations in relation to roadside encounters involving vehicles which are operating without a valid O Licence”.  It goes on to underline “The DVSA’s role is to protect people from unsafe vehicles and drivers…through our own enforcement action and working with the Traffic Commissioners for Great Britain, we are committed to tackling illegal operation of commercial vehicles”.

What are the Rules for Driving Mini-Buses?

One of the key questions to answer before driving a mini-bus is whether it is being used for “hire & reward”.   If your use is not for ‘hire and reward’ then as long as you meet the following conditions you are allowed to drive a mini-bus on the UK’s roads”

• You are 21 years old or older
• You have held your full UK driving licence for at least 2 years
• You meet the “group 2” medical standards for driving in the UK
• You are driving on a voluntary basis and the minibus is used for social purposes by a non-commercial body.
• The maximum authorised mass of the minibus is not more than 3.5 tonnes
• You are not towing a trailer with the mini-bus.

You can access the Government’s guidance here.  The major points are summarised below.

If you are planning on running a mini-bus on a not for profit basis, you will need to apply for a minibus permit (often known as a section 19 permit) which will allow you to charge passengers for running costs as long as;

• The vehicle can carry between 9 and 16 passengers
• You are driving the vehicle for a voluntary organisation that benefits the community for example for educational, religious or sports activities.
• The minibus service is only available for members of that organisation and not to the general public
• Any charges applied are to cover running costs only and not for profit.

Please note that if you are planning to apply for a Section 19 permit we recommend that you take specialist legal advice because the guidance referred to above is only a ‘starting point’ and the actual rules are more involved than the guidance provided on the gov.org website would suggest.

If you are planning on running a mini-bus for profit and to hire it out to members of the general public then you must apply for:

• A mini-bus entitlement to your driving licence. Also known as a passenger carrying vehicle licence (PSV).

• An operator licence for public service vehicles for the owner of the vehicle.

Still in Need of Assistance?  Looking for that specialist legal advice on Section 19 permits?  Then call Pellys Transport & Regulatory Law on 01279 818280 or click here to send an email.  We are here to help.

(c) Richard Pelly, October 2024