News

Minibus rules affect out-of-school clubs

Legal issues in the running of minibuses which could have far-reaching implications for private schools or nurseries have been highlighted by the experience of a school running out-of-school clubs. The principal of Pocklington Montessori School in York, Rosie Pressland, said that after receiving a bogus phone call she discovered that unless the school acquires charitable status its minibus drivers will need to hold additional driving qualifications.
Legal issues in the running of minibuses which could have far-reaching implications for private schools or nurseries have been highlighted by the experience of a school running out-of-school clubs.

The principal of Pocklington Montessori School in York, Rosie Pressland, said that after receiving a bogus phone call she discovered that unless the school acquires charitable status its minibus drivers will need to hold additional driving qualifications.

Ms Pressland said, 'We had written a piece in the local paper about our clubs, explaining that we were happy to pick children up from school in our minibus. Then we received a bogus call from someone claiming to be Keith Brown, the transport provision manager of East Riding Council.'

The caller claimed that the school's minibus service was illegal if drivers did not hold a public service vehicle licence.

Ms Pressland said that as she knew Keith Brown personally, she realised the caller was bogus, a fact confirmed by Mr Brown in a letter.

Mr Brown suspected the call was from a rival local taxi driver or bus operator. But he did confirm an additional qualification would be needed for the driver of the 17-seat minibus, as it is deemed a public service vehicle (PSV) and anyone driving it needs to be a licensed PSV driver.

He explained, 'A PSV is a vehicle which is adapted to carry nine or more passengers and is used to carry passengers for hire or reward.'

As the privately-run Pocklington Montessori School is viewed as a profit-making organisation it is unable to receive a section 19 community bus permit, which would otherwise cover the regulations. The only way the school could be exempt would be if it were granted charitable status.

A spokesman for the Community Transport Advice Line said, 'If you are a charity you would be able to have a section 19 small bus permit and would not have to conform to this legislation.' This licence is available at a cost of only 7 per vehicle.

Organisations unable to claim charitable status can apply for the restricted PSV operator's licence, 'provided that their main business is not the operation of public service vehicles', the spokesman said. A maximum of two vehicles with no more than 16 passenger seats in each is allowed.

The spokesman added that the process of acquiring the licence is expensive, costing organisations around 1,500. Necessary expense includes the driver's medical, cost of the provisional licence, extra driving lessons, and theory and practical tests.

The Busy Bees chain of nurseries has discovered a way round these costs.

The group acquired Kindercare and took note of the shuttle buses used by Kindercare's out-of-school service. Busy Bees has now bought buses that hold up to seven children plus the driver.

Busy Bees managing director John Woodward said, 'These smaller buses are more appropriate for what we do and we don't need a special licence.'