Q I am anxious to expand Y my minibus business and
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thought I would advertise my services in some magazines that are distributed in the USA to attract tourists from that country. However, as I have no tours licences I do not want to fall foul of the law here.
I presume that if I accept only bookings for the whole vehicle then this will be legitimate private hire. But could / accept separate bookings from two groups of six and put them on the same vehicle, or could I accept bookings from couples or individuals?
A If you hire your minibus to an organisation for a particular journey and the arrangement conforms with Part IV of Schedule 12 of the Road Traffic Act 1960, then the vehicle is a contract carriage and as such no road service licence for excursions and tours is required.
Part IV Schedule 12 reads that : "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 service vehicle licence in respect of the 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 agree ment 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 thereof.
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 differential 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."
If your vehicle has been booked by a party which is below the vehicle's capacity and you receive a further inquiry which will take up the seats remaining it is unlikely that the law will be broken if the organiser of the original booking party invites the second inquirer to share the vehicle and the cost of hiring. However, if there is any doubt you should put the matter to the Traffic Commissioners.