LICENCE QUERY
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QI work for a local authority transport section and on occasions we hire-in goods vehicles over 7.5 tonnes for periods in excess of one month to cover peak workloads.
They are driven by our HGV drivers and added to our operator's licence, which has sufficient margin.
However, the Education Department operates 45seater coaches and 15seater minibuses for the free carriage of children from home to school and, although not a requirement, most drivers hold PSV licences. It is proposed to reduce the number of vehicles in the fleet and hire-in to cover peak requirements.
Are the rules the same as those for goods vehicles? I know that if a coach company supplies a vehicle and driver for a journey the vehicle is operated on the company's PSV operator's licence. But what if a hire company supplies a coach or minibus without a driver? Is hire and reward involved? If so, presumably the vehicle is a PSV and needs a PSV licensed driver. Would a PSV operator's licence be required and who would hold it?
JR. Essex AThe free carriage of children to and from school by any authority has always been deemed not to require a PSV operator's licence. However, if they were to hirein a coach that had not been permanently discontinued as a PSV (1981 PSV Act Section 1(2)) then the authority may require a licence, even though the coach is not being used for hire and reward.
The definition of Hire and Reward is found in Section 1 (i) (a) and Section 1 (i) (b) of the 1981 Act, but the meaning is extended in further sections. As the authority uses ratepayers' money to provide the service it could be seen, however the payment is derived, as Hire and Reward. However, all this is irrelevant if the Traffic Commissioner has issued a permit under the Transport Act 1985 which would exempt the authority from PSV operator's and PSV driver's licence requirements.