Q I have been asked by some members of local organisations—eg,
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the Women's Institute and the Scouts—if they could use our 12-seater minibus and our driver.
Do we need any psv driving licences or a licence for our minibus? And could we advertise the fact that we have a minibus and driver for hire? A The question of whether or not you require a psv licence for your bus and a psv driving licence for the driver if you hire it out depends on whether it must be classified as a public service vehicle.
The classification of passenger vehicles is dealt with in Part III of the Road Traffic Act 1960. Section 117 defines a psv as 'a motor vehicle used for carrying passengers for hire or reward which either (a) is carrying passengers at separate fares or (b) is not carrying passengers at separate fares but is adapted to carry eight or more passengers."
It is obvious, therefore, that whoever is operating your 12seater minibus, if fares are charged then it is a public service vehicle as defined in the Act. Therefore, in these circumstances a Certificate of Fitness and a public service licence would be required and a psv driver's licence would be necessary.
You should be aware that a vehicle is treated as carrying passengers for hire and reward if payment is made for, or for matters which include, the carrying of passengers irrespective of• to whom the payment is made, and this also includes transactions between associates and their members.
Though payment is made in consideration of other matters in addition to the journey, that payment is regarded as a fare. However, under the provisions of Section 118 (2) you may treat the vehicle as a "contract carriage," and a road service licence will not be required provided the following conditions (contained in Schedule 12 Part IV to the Act) are fulfilled : "8. Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of : (a) the holder of the public vehicle licence in respect of vehicle, if such a licence is in force, (b) the driver or the owner of the vehicle or the person who has let the vehicle for hire by any hiring agreement or hire purchase agreement, if no such licence is in force, and otherwise than by any person who receives any remuneration in respect of the arrangements.
9. The journey must be made without previous advertisement to the public of the arrangements therefor.
10. All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey. 11. No differentiation of fares for the journey on the basis of distance or of time must be made.
12. In the case of a journey to a particular destination the passengers must not include any person who frequently, or as a matter of routine, travels, at or about the time of day at which the journey is made, to or to the vicinity of that destination from a place from or through which the journey is made."
Note that the reference to advertising in paragraph 9 refers to publicity given to the journey and not to the fact that you have a minibus for hire. There seems to be no reason why you should not publicise this fact.