Minibus Insurance and Section 19 Permits

May 2nd, 2012

If your organisation operates a larger vehicle then there are lots of different factors to bear in mind, such as getting specialist minibus insurance, making sure that drivers have the right DVLA driving licences or getting the appropriate permits to allow you to operate your vehicle. Understanding which minibus permits are required can often be very confusing.

For example, commercial operators, such as taxi drivers, need to obtain a Public Service Vehicle (PSV) Operator’s licence as well as the appropriate minibus insurance. Anyone driving the vehicle would also need to have a PCV (Category D1 or D) entitlement on their driving licence to cover the use for hire and reward.

Many non-profit making bodies run transport services which benefit the wider community. They may need to make a small charge to help defray their running costs, which could be considered as hire and reward. However, this does not automatically mean that they fall under the same restrictions that apply to commercial minibus operators. As long as they meet certain criteria, they might be able to operate under a Section 19 permit instead.

A Section 19 permit is issued by the government and allows not-for-profit bodies to operate for hire and reward (i.e. making a charge). An organisation which has a Section 19 permit does not need to apply for a Public Service Vehicle Operator’s licence and the drivers do not necessarily need to have the PCV entitlement on their driving licences. A Section 19 permit also indicates to your minibus insurance company that your vehicle is operated on a strictly not-for-profit basis. To qualify, organisations must demonstrate that:

• They are wholly not-for-profit and will not be operating any service with a view to profit
• They will not operate any services that benefit or contribute to another profit-making organisation
• The vehicle has no more that 16 passenger seats

To drive a vehicle under a Section 19 permit you must have passed a car test before 1 January 1997 and hold a licence with a category D1 101, or you must meet ALL of the following conditions:

• You are over 21 and have held a category B licence for at least two years
• You receive no payment other than the recovery of your out-of-pocket expenses (for example, fuel or parking costs)
• You provide the service on a voluntary basis
• The minibus maximum weight is not more than 3.5 tonnes (4.25 tonnes if including any specialist equipment to carry disabled passengers)
• You do not tow a trailer

Section 19 permits are issued by VOSA or certain accredited organisations such as local councils. A small charge is made for each permit.

If you have any questions about whether your organisation qualifies for a Section 19 permit or whether you can drive under your existing Section 19 permit then please contact either VOSA or the DVLA for further information.

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Do you have the right type of driving licence for your minibus?

April 5th, 2012

Buying minibus insurance for your vehicle can seem daunting especially if you have never owned a larger vehicle before. Ensuring that you follow all the rules and regulations that apply to this type of vehicle can be difficult. The Minibus Club is staffed by minibus insurance specialists who can help guide you through this complex area.

When driving a vehicle on a public road, the driver is obliged to hold the correct type of licence for the particular vehicle that they are is driving. Minibuses are no different and failure to have the correct driving licence is a motoring offence. It is vital therefore that you check to make sure that each driver for your vehicle is correctly licenced to drive as the owner (or operator) has an overall responsibility to ensure that those driving are adequately trained and licenced to do so.

Many drivers are allowed to drive a minibus if it is not used for hire or reward. Hire or reward generally means that a direct (cash) or indirect (school or nursery fees, guests staying at a hotel etc) payment has been made by or on behalf of passengers that gives them right to be carried in your vehicle.

If you hold a driving licence that entitles you to drive cars (vehicles with a maximum of nine seats) and you passed your driving test before 1st January 1997 you can drive a minibus provided it has a maximum of 17 seats and is not being used for hire or reward. Your minibus entitlement will remain valid in the United Kingdom until your licence is next renewed.

If your passed your driving test after 1st January 1997 your car licence will not allow you to drive minibuses. There are however some circumstances where you may still be able to do so.

You may drive a minibus with up to 16 passenger seats provided:
(i) you drive on behalf of a non-commercial body for social purposes but not for hire or reward (unless operating under a permit);
(ii) you are aged 21 or over;
(iii) you have held a car (category B) licence for at least 2 years;
(iv) you are providing your service on a voluntary basis;
(v) the minibus maximum weight is not more than 3.5 tonnes excluding any specialist equipment for the carriage of disabled passengers. Minibuses up to 4.25 tonnes will be permitted in certain circumstances (see below); and
(vi) you do not tow a trailer.

This exemption does not apply if you are driving your vehicle for your own personal use. As such if you have buy a vehicle with ten or more seats for social, domestic and pleasure purposes you will need to contact the DVLA (or DVA in Northern Ireland) for more information. Failure to have the correct type of driving licence is not only illegal but can also invalidate your minibus insurance.

The minibus exemption listed above applies only if you are driving in the UK, so you must never use a minibus abroad unless you have the correct minibus driving licence.

We hope that you have found this information useful but if you have any questions about our minibus insurance policies or driving a minibus we will be happy to help.

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Childcare providers and Nursery schools

March 1st, 2012

Do you work in the pre-school education sector or provide childcare services? As a childcare provider you are surely aware that carrying children can mean having to find space in your vehicle not only for the children in your care, but also for all of the possessions they bring with them such as toys, nappies or pushchairs. This is one of the reasons why many people have found that having a larger vehicle for their business is an essential part of the service they offer.

Whatever type of vehicle you have it is important that your minibus insurance covers all of your activities. As a specialist minibus insurance provider The Minibus Club can offer you a policy that is designed for the needs of nursery schools and childcare providers.

When considering your insurance the first thing to check is whether your vehicle may be considered a minibus. If your vehicle has nine or more passenger seats it will be considered a minibus. For this type of vehicle you may need a PSV Operators Licence. More information on this type of licence can be obtained from The Vehicle and Operator Services Agency (VOSA) who issue PSV licences. VOSA can be contacted online at http://www.vosa.gov.uk

Once you have identified whether you need additional licences to operate your minibus you should also consider who is likely to drive the vehicle. The Minibus Club can (depending on your circumstances) offer you cover for as few as one driver or an unlimited number of drivers with our any driver policies. The type of driving licence your drivers will need will again be dictated by the number of seats fitted in your vehicle.

• If your vehicle is an MPV with no more than eight passenger seats your driver will need a car (category B) driving licence.
• For those operating under a PSV Operators Licence your drivers will need a full, unrestricted minibus (D1) entitlement. This is obtained by taking a second driving test in a minibus.
• If you do have a minibus but do not need a PSV Operators Licence your driver will still usually need a minibus (D1) entitlement. However in some situations a driver may be able to legally drive your vehicle with only a car (category B) driving licence. If you think your drivers may be able to use this exemption they should seek advice from either the DVLA if you live in England, Scotland or Wales or from the DVA if you live in or if you live in Northern Ireland.

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Breakdown Assistance

February 1st, 2012

Did you know that you can buy breakdown assistance cover for your vehicle as an add-on to your minibus insurance? The Minibus Club offers optional breakdown assistance cover from the AA which has been specially designed for owners of larger vehicles such as minibuses. We only offer this cover when bought in combination with one of our minibus insurance policies.

Why worry about your vehicle breaking down? With our optional breakdown cover you will have the peace of mind that comes from knowing your vehicle and passengers will receive assistance should the worst happen.

Some breakdown assistance policies cover you as the driver regardless of which vehicle you are driving, whereas some cover your vehicle. Our breakdown cover is specific to your vehicle and will cover anyone who is insured to drive it. This means should you breakdown in any vehicle other than the one covered on your minibus insurance policy you will not be covered.

The breakdown cover offered by the Minibus Club includes two main types of cover, Roadside and at Home. We’ll take a look at Roadside cover first.

If your minibus breaks down whilst away from home the AA will send a patrol or contractor to help you. If your vehicle cannot be repaired immediately it will be taken to a nearby authorised repairer where you can arrange for further repairs to be made. Should the AA not be able to repair your vehicle within a reasonable amount of time they will arrange to take your vehicle and any passengers in your vehicle to the destination of the driver’s choice, in one non-stop journey. This facility may also be provided if the driver of your minibus falls ill and there are no passengers who can drive the vehicle, so that the journey can be completed.

Whilst we hope you never need to use our breakdown cover your vehicle can just as easily break down whilst at home. In the event that this should happen the AA will arrange for someone to come out and help. If your vehicle cannot be repaired immediately then it will be taken to a nearby garage, where you can arrange for repairs to be carried out.

As with other breakdown recovery services you cannot claim in some situations. For a full list please click here to access the policy booklet. However the main exclusions are:

The costs of spare parts, fuel, oil, keys, or other materials and garage labour; Any vehicles that cannot be recovered by normal trailers or transport.

So if you’re thinking about buying breakdown cover for your minibus as part of your minibus insurance package don’t put it off; call us at the Minibus Club where our helpful staff will be pleased to assist you.

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Care Homes. What you need to know about minibuses.

January 4th, 2012

Are you a care home that owns or operates a minibus? If you are then you will know that obtaining the right type of minibus insurance is an important part of this process. Selecting a minibus insurance policy that properly covers you can be more complex especially if you are to carry passengers in connection with your business. For this reason you may find it helpful to speak to a minibus insurance specialist such as the Minibus Club.

Did you know that in some situations you may need a Public Service Vehicle Operators Licence (commonly called an Operators licence) to legally carry passengers in your vehicle? In the majority of cases you will be operating for “hire or reward” even where your minibus users do not pay a direct fee to use your vehicle. Where your minibus has nine to sixteen passenger seats including the driver and you are a private, commercially run care home you are likely to need an Operators Licence to drive legally. More information on this subject can be obtained from VOSA either by visiting their website or by calling them on 0300 123 9000.

If you are a charity or a not for profit body you will be able to circumvent these requirements by obtaining a Section 19 Standard Permit (which was previously known as a small bus permit) or if you operate in Northern Ireland a Section 10B permit.

It is possible to avoid the need for either of these permits completely if you operate a smaller vehicle such as a multi purpose vehicle (“MPV”) which has no more than eight passenger seats. These smaller vehicles fall outside the licensing remit of VOSA and as such can be operated without their involvement.

Once you have identified whether you need additional licences to operate your minibus you should also consider who is likely to drive you vehicle. The Minibus Club can (depending on your circumstances) offer you cover for as few as one driver or an unlimited number of drivers with our any driver policies. The type of driving licence your drivers will need will again be dictated by the number of seats fitted in your vehicle.

• If your vehicle is an MPV with no more than eight passenger seats your drivers will need a car (category B) driving licence.
• For care homes operating under a PSV Operators Licence your drivers will need a full, unrestricted minibus (D1) entitlement. This is obtained by taking a second driving test in a minibus.
• For care homes operating under a Section 19 or Section 10B permit your drivers will normally need a minibus (D1) entitlement. However in some situations a driver may be able to legally drive your vehicle with only a car (category B) driving licence. If you think your drivers may be able to use this exemption they should seek advice from either the DVLA or (in Northern Ireland) the DVA.

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Minibus Insurance: Hire and reward licensing

December 1st, 2011

Buying the right type of minibus insurance for your vehicle can be a challenge, especially if you use your minibus for hire and reward. At the Minibus Club we are specialists in offering hire and reward minibus insurance.

A minibus driven for hire and reward is licensed by one of a number of organisations depending on where your business is located and how many seats your vehicle has. If your minibus has eight or less passenger seats then the vehicle is in effect a minicab and will be licensed by your local authority or if you operate in the Greater London area by Transport for London (“TfL”). Where this is the case you will also need to obtain a private hire driver’s licence or a hackney carriage licence to drive your minibus, these can be obtained either from TfL or your local authority.

If however your minibus is designed or adapted to carry nine or more passengers and does so for hire and reward it is a public service vehicle. This type of minibus requires a different licence which is called a Public Service Vehicle Operators licence and is sometimes abbreviated to PSV-O or PSV. These licences are issued by VOSA the national government agency responsible for licensing larger commercial vehicles.

VOSA define hire or reward as “When an operator or owner driver takes payment which gives a passenger a right to be carried on the vehicle regardless of whether a profit is made or not. The payment may be made by the passenger, or on the passenger’s behalf. It may be (a) a direct payment (e.g. a fare) or (b) an indirect payment (this could be an exchange for services such as a membership subscription to a club, payment for a bed in a hotel, school fees or payment for concert tickets where travel is included; the payment does not have to be money and the right to travel does not need to be taken up).”

The above definition takes in a wide range of minibus operators who may not think that they operate vehicle for hire and reward when in fact they do. Even if you do not take cash from passengers in your minibus you could still be operating a public service vehicle and if you don’t have hire and reward minibus insurance you could be driving illegally. This means that it is important to check whether your vehicle needs to be licensed by speaking to the appropriate agency. You should also explain exactly how your vehicle will be used when getting quotes for your minibus insurance.

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Continuous Insurance Enforcement

October 31st, 2011

Driving your vehicle on a road or in a public place without minibus insurance is an offence, so it is important to ensure your vehicle is insured. In this article we would like to explain why this is important and how you can stay on the right side of the law.

It is estimated that there are two million motorists on our roads driving without insurance. These uninsured drivers cause £380 million damage each year which results in large numbers of claims to the Motor Insurers Bureau (MIB). Uninsured driving increases the cost of everybody’s insurance adding approximately £30 to each policy, including your minibus insurance.

To try and cut the number of uninsured drivers on UK roads the government recently introduced a package of measures which will crack down on those driving without insurance which means it is more important than ever that you make sure you have a valid minibus insurance policy.

This is called Continuous Insurance Enforcement (CIE) and it means that it is now a legal requirement for you to insure your minibus at all times.

It is now a legal offence to keep a minibus without insurance unless you have notified the DVLA that your vehicle is being kept off the road and have a valid Statutory Off Road Notification (SORN). You don’t have to be driving to be caught, simply owning the minibus and not having insurance can lead to you being prosecuted.

If you fail to keep your vehicle insured the DVLA will write and tell you that you must either buy a minibus insurance policy or declare your minibus off road.

If you should ever receive one of these letters it is important that you deal with it immediately. You will not receive another warning before more formal action is taken.

Some of the punishments introduced for failing to have minibus insurance include:
• Being issued a fixed penalty of £100
• Your minibus could be clamped, or even seized and disposed of.
• You can receive a court prosecution with a maximum fine of £1,000.

When you buy a minibus insurance policy your insurer will automatically send details of insurance to the proper database automatically so if your vehicle is already taxed you will not need to do anything else.

However if your vehicle is not already insured you must:
• buy a minibus insurance policy immediately;
• make a SORN, if the vehicle is not used on the road; or
• notify DVLA if you are no longer the registered keeper.

If you own a minibus it’s easy to ensure that these new rules don’t catch you out. If you still need to buy your minibus insurance don’t put it off call us at the Minibus Club where our helpful staff will be pleased to assist you.

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Minibus Insurance and the London Low Emission Zone (LEZ)

September 27th, 2011

As a minibus driver you already know that having a larger vehicle is more complex than owning other types of vehicle. Even after you have bought a minibus insurance policy there are other legal issues to consider.

Did you know that from 3rd January 2012 anyone driving a diesel minibus with more than 9 seats in the borders of the Greater London Authority will have to pay a daily charge or risk being fined? This area is called the Low Emission Zone (LEZ); it operates 24 hours a day, every day of the year and was introduced to encourage diesel vehicles driving within Greater London to become cleaner.

The aim of the LEZ is to improve the health and quality of life of everyone in London by limiting the amount of particulate matter (pollution) that comes from the exhausts of diesel vehicles. Particulate matter is a type of pollution which can contribute to asthma, heart and lung disease, other respiratory illnesses and even early death.

If your minibus has more than 9 seats, was first registered before 1 January 2002 and is powered by a diesel engine it will be affected by the Low Emission Zone (LEZ). It doesn’t matter whether your minibus is used for commercial or private purposes - it will still need to meet the new standards. So if you own or drive this type of minibus, and do not want to pay the daily charge you will need to take action now to ensure you can continue to use your minibus.

The quickest way to check if your vehicle meets the current or new standards is to enter your registration plate into the Transport for London vehicle checker

If after checking with Transport for London you find that your minibus does not meet the new standards you will have to pay £100 for each day your vehicle is in the LEZ or risk being fined £500.

It is possible to avoid paying the daily charge if you take action now to modify your minibus. There are a number of options available that include fitting a particulate filter to your vehicle or having your minibus converted to run on pure gas. Transport for London offer a lot of useful information on their website on how you can modify your vehicle to meet the new requirements of the LEZ.

Don’t forget though that any modification to your vehicle can affect your minibus insurance, so please remember to notify your minibus insurance company of any changes you make to your vehicle.

The Minibus Club are working in partnership with Transport for London to bring you this information. Transport for London is the local government body responsible for most aspects of the transport system in Greater London. Its role is to implement the transport strategy and to manage transport services across London. For advice the Low Emission Zone visit http://www.tfl.gov.uk/lezlondon or call 0845 607 0009.

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Testing times: Coping with a Minibus MOT Test

August 2nd, 2011

Some minibus owners, especially first-timers, become more than a little worried when the need for an MOT test comes round. The following explains what will happen at test time and shows why there is no real need for concern.

A minibus MOT test is very like the equivalent test for a car. The difference lies in three aspects: timing, classification and scale. A car has to have its first Class IV test on its third birthday, and then at yearly intervals. A minibus needs a Class V when it becomes one year old and yearly thereafter. Whilst there is a special, one-off Class Va test for a minibus newly fitted with seatbelts, the only real difference is that the MOT tester must have the hardware – and the experience – to test the physically larger and heavier minibuses.

So, what is tested? Just as in a car test, the tester will look at the tyres, brakes, steering suspension and exhaust. He’ll also look for damage, corrosion, wear and tear, and leaks. The latter can pose a fire risk and all these aspects must meet the relevant minimum standards.

Inside the minibus, the controls and instruments are examined, as are the seats and their mountings, and the position, operation and condition of all seat belts. The vehicle must be fitted with a working ‘audible means of warning’, i.e. a horn. It must also have functional windscreen wipers and washers.

Working to a strict set of rules, the MOT tester must examine the minibus’s lighting system. Each and every light must be properly fixed, working and in the required condition. The minibus’s registration plates and Vehicle Identification Number (VIN) plate must be present and meet all legal requirements. Also, the driver must have an uninterrupted view of the road and the vehicle’s rear view mirrors must be present and undamaged. Among the dynamic tests involved are measurements of the vehicle’s exhaust emissions, service brake and parking brake efficiency. Modern MOT stations are equipped to cope with modern vehicles, so aspects including ABS and power steering are subject to testing.

Though most minibuses need a Class V test, not all of them do. The two exceptions have different venues. For a minibus with up to 12 passenger seats (not including the driver’s seat) a Class IV test applies and can be carried out at any appointed garage. A Public Service Vehicle (PSV) needs a Class VI test, which must be carried out at a government testing station. Although a Permit Minibus doesn’t need anything higher than a Class V test, its operator can opt for a Class VI test on a voluntary basis, provided the vehicle, when new, was given a certificate of Initial Fitness.

So as you can see, the minibus MOT test holds nothing to fear, it’s just like a car test with subtle additions. The one part that doesn’t change is what the Americans call ‘Murphy’s Law’. Just like a car, a minibus can fail its MOT test for an obvious reason, such as a blown bulb or a thinning tyre. Many garages offer pre-MOT tests to spot such things (or worse). Alternatively, you could look out for the more obvious aspects yourself, and fix them pre-test.

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Minibus Maintenance: A Professional Approach

July 4th, 2011

Do you drive a minibus? If you do, you have a number of responsibilities as a result. Not least of these responsibilities is the matter of maintaining the minibus. The following details the responsibilities and to whom they apply.

The driver of a minibus is responsible for its condition when it is used on the road. The operator may also bear responsibility if he permits the minibus to be used in a defective state. However, even when the minibus has just been serviced, the driver and the operator may share the responsibility for it. Generally speaking, the relevant regulations, The Road Vehicles (Construction and Use) Regulations 1986, impose absolute liability.

Should a minibus be used in a defective condition, it may break down. This can cause difficulties for the organisation using the minibus, be it a business, charity, school, college, community or private minibus service. More importantly, using a minibus in a defective state can invalidate the terms of the minibus insurance policy.

When a minibus is used by a larger organisation, it is customary for a designated person or persons to have overall responsibility for the minibus’s maintenance and MOT tests. In a smaller organisation, it may be that one person, in addition to bearing this responsibility has myriad other duties. Regardless of the size of the organisation involved, it is essential that at least one person knows about the legal and practical requirements that apply to the use of a minibus, and has the ability and authority to act as required.

As the above makes clear, minibus maintenance is about both safety and reliability. Daily maintenance, or pre-trip maintenance at least, should be carried out with unfailing attention. In addition, manufacturer’s services and MOT tests should be carried out as required; the passage of time and the covering of mileage dictate the intervals. Note that in some instances, these two dictates can go out of sequence. This underlines the necessity for good record keeping and it is accepted practice that documentation pertaining to inspection, servicing, MOT tests and repairs should be retained for at least 15 months.

When it comes to servicing and maintenance, there are guidelines concerning the intervals between the appropriate inspections. Traffic Area Office guidelines recommended that the interval should be…

Ten weeks where the minibus covers 12,500 miles per year.
Nine weeks where the minibus covers between 12,500 and 20,000 miles per year.
Eight weeks where the minibus covers between 20,000 and 40,000 miles per year.

Straightforward? Yes, but some Traffic Area offices recommend intervals of between six and eight weeks.

This brings us to the bottom line. The matter of responsibility for a minibus is a potential minefield, of legal and practical necessities. However, it need not be. Any organisation, or even a sole operator can keep on top of the requirements with a simple plan…

* Establish what the minibus needs, as regards inspection, servicing maintenance and repair.

* Establish when these needs will apply.

* Establish who is responsible for fulfilling these needs.

* Ensure he or she accepts responsibility; appoint a deputy if necessary.

* Ensure that the responsible person arranges all the required tasks.

* Ensure that a record is kept when these tasks are carried out.

So, we have six boxes to be ticked. When they’re ticked regularly and reliably, the solution exists.

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