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Q Our club owns an ex-National Bus Company 32-seat coach. We
Page 97
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use it for transporting physically handicapped and old people on outings to the seaside and so on. No charge is made for these services. We use volunteer professional drivers. Is a psi, or hgv driving licence required?
Will hours spent in driving this vehicle in any way affect the hours driven by the drivers in their own professional capacity?
ASo long as the vehicles are not used
to carry passengers for hire and reward, that is the passengers do not pay for being carried, then a psi; driving licence is not required to drive them.
Hgv driving licences are required to drive heavy goods vehicles as defined in Section 124 of the Road Traffic Act 1972. Briefly that is a vehicle which is constructed or adapted for hauling or carrying goods or burden of any kind. Passengers cannot be described as "goods or burden" and therefore there is no need for your drivers to hold an hgv licence.
Part VI of the Transport Act 1968 regulates the observance of proper hours of work for drivers of motor vehicles. It refers to drivers who drive a vehicle in the course of their employment or for the purpose of a trade or business carried out by them.
Obviously your drivers are not driving in the course of their business for their own trade or business and therefore need not comply with the drivers' hours rules when driving for the purpose you have described. Nor is there any effect on the hours which the drivers might have to observe in the course of their employment.
It has been assumed that such drivers are not paid for their services.