At first glance, a minibus relevant ‘Section 19 permit’ sounds just a little bit sinister, bringing to mind phrases such as ‘the Roswell incident’ or ‘Area 51′. However, Section 19 isn’t a top-secret US Military base in Nevada, nor is it a place where the remains of crash-landed aliens were (allegedly) taken to be studied. Section 19 is in fact part of the Transport Act. Now, there’s no need to become enmeshed in the shades of meaning in the Department for Transport’s deathless prose. Happily, we can simply look at the bottom line, which reveals that with a Section 19 permit, non-profit making organisations may make a charge for carrying passengers, without holding the normally-essential Public Service Vehicle (PSV) operator’s licence. The relevant Traffic Commissioner, among others, grants a permit.
One needn’t read between the lines to appreciate that this facility is valuable for, let’s say, ‘club minibuses’. Nevertheless, there are plenty of lines to be read and this article is to guide you through the rules and regulations. You must know about these to apply for and use a Section 19 permit.
First, we need to have a definition of a minibus in the context of Section 19 permits. Here, a minibus is a passenger-carrying vehicle with more than eight seats but fewer than 16 seats, as well as a driver’s seat. Next, we need to define ‘hire or reward’, as applied to the kind of minibus use we’re proposing. For this, hire or reward is any payment that gives a person a right to be carried on a vehicle. In short, it’s a fare.
Now, we must understand the rules that apply to the non-profit making organisations which can use minibuses to transport fare-paying passengers without holding a PSV operator’s licence, courtesy of the exemption offered by a Section 19 permit. Deep breath? Not yet, because there’s one simple rule. This says that you cannot offer transport to the general public under the permit and you can’t use it outside the UK.
Next come the rules that define a non-profit making body. These say this is a body that runs transport services without a view to profiting from them and doesn’t run them as incidental to a profit-making activity. Generally, registered charities qualify, as do non-profit making bodies that run activities that benefit the community or are concerned with recreation, social welfare, religion or education.
Here’s where the rules become a bit more complicated but they exist for a reason. The following rules are used so that the voluntary organisation concerned takes proper responsibility for its passengers. The rules – simplified – say this…
(a) Vehicles used under a Section 19 permit must always be in a fit and serviceable condition.
(b) Drivers must be told to report any vehicle defects as soon as possible
(c) Records of all inspections of vehicle defects and of repairs must be kept and retained for a minimum of 15 months.
(d) Any hire vehicle used must meet the relevant conditions of fitness for use.
These ‘rules of responsibility’ apply to the vehicle(s) used. Two further such rules apply to what must be carried on board at all times…
(a) At least one fire extinguisher complying with the relevant British Standard, with…
1: A minimum test rating of 8a or 12b
2: Water or foam inside, or the indication it contains Halon 1301
(b) A clearly marked first aid kit that’s easy to reach, is regularly checked and has…
Ten foil-packed antiseptic wipes
One disposable bandage no less than 7.5cm wide
Two triangular bandages
A packet of 24 assorted adhesive dressings
Two sterile eye pads, with attachments
Twelve assorted safety pins
Blunt ended, rustproof scissors
Rules and yet more rules! Remember they are there to keep you and your passengers safe. We hope this article has enlightened you, keep a copy in your minibus for future reference.
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