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Q Could you say how the law relates to minibuses being
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used solely or partly for the activities of Scout Groups or Church Groups, etc? Although there is probably no fare paid, the persons travelling in the vehicles would either pay partly towards the petrol cost or alternatively the upkeep of the vehicle would be paid from their subscriptions.
Are psv licences needed for either the vehicle or the driver, and are there any stipulations as to the number of people that can be carried or in reapect of payment?
AThe questions you pose depend on the classification of the vehicle.
Section 117 of the Road Traffic Act 1960 describes a public service vehicle as "a motor vehicle used for carrying passengers for hire and 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."
Therefore the first intention is the use of the vehicle for hire and reward. If it is not being used for this purpose then that alone removes it from the classification of "public service vehicle."
Your point about minibuses used by Scout or Church groups and the possibility of subscriptions being regarded as "fares" is dependent on the payment being regarded as a right to be carried. This is very difficult to prove or disprove, normally and it is unlikely that the use of minibuses in this way would be challenged. For instance, a Scout group might also take along parents or other helpers from time to time, who do not pay subscriptions to the group. This would eliminate any possibility that subscriptions give this right. Alternatively, there could be some who pay subscriptions who never travel on the vehicle.
There have been some prosecutions on this point, notably that of a bus enthusiasts" group (CM June 25) where the group was convicted of using a vehicle as a stage carriage, the magistrates ruling that subscriptions constituted "fares."
If the vehicle is not being used for hire and reward and therefore escapes the psv classification, then a psv driving licence is not required. It follows that if there is no payment then there can be no stipulation as to the number of people that can be carried in respect of payment.