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Minibus for childminding - tycho

Looking at getting a minibus for us to use. Both me & my husband are reg childminders, and currently have to use 2 cars, so thought about getting a minibus to make life easier. It would be a personal minibus, which we would also use weekends etc...

Then someone pointed out the legislation... Not sure where we stand. I have spoke to insurers we got a quote from, and they are happy to insure us based on all info I've given, and told me that business ins is fine for us, and they have that we are childminders etc.

But, not sure over the whole 'hire or reward' definition. I found on the DFT website that it states :

What counts as payment?
Any sort of payment which gives a person a right to be carried in a vehicle counts, whether or not a profit is made. This is known as 'hire or reward'. It could be money paid by the passenger, or on their behalf, directly or indirectly. Examples of indirect payments include:

a club membership subscription
paying for a bed in a hotel
school fees
buying a concert ticket with travel included
any other situation where someone who had not paid for a particular service would therefore not have a right to be carried

Which yes, we obviously charge a fee for our childminding service, but according to the bit at the bottom, we would at times carry others that haven't paid us a fee too, so therefore we cannot fall into the PSV catergory.

Insurance companies have told us that class 1 business insurance is fine for us on cars, as we are not charging for travel, but if we added say £2 for a journey, then we are charging, and therefore have to have class 3 and register as a taxi.

Why, as soon as we get a minibus does this rule seem to change. Our fees are still the same as using a car, where according to insurers 'we are not charging', yet using a minibus we are told we are indirectly charging. Surely it has to be one rule, we are indirectly charging all the time, therefore all childminders using cars need to register as a taxi & hold a taxi licence, or it is as it is now, and we are not charging, therefore, not seen as charging either when in a minibus????

Very confused, as really want a minibus as it makes going out more fun, easier, socialable etc for all of us, yet cannot afford all the extras that we would have to pay out if we have to register it as a commercial veichle, as childminders cannot put costs of vehicles through accounts.

Any legal advice either way....

Minibus for childminding - LucyBC
Basically if you are a not-for-profit such as the Scouts or a school then you can apply for a Section 19 Permit which grants an exemption. I don't think you would fall into this category as you seem to be running a business as childmiders.

In those circumstances you need to apply for a "restricted licence" to operate the minibus.

Restricted licences are used by small-scale operators, since they only allow the operator to use one or two vehicles. Vehicles carrying up to 16 passengers may be used with a restricted licence if either:
* the vehicles are not used as part of a passenger transport business (e.g. they are used in connection with your childminding business), or
* your main job is not the operation of PSVs which are able to carry 9 or more passengers (i.e. the operation of the minibus is a sideline and not the main occupation).

You do not have to satisfy the requirement of professional competence to get a restricted licence, but all other requirements are the same as for a standard licence. You must apply in the same way, and obey the same rules.
Minibus for childminding - tycho

Thank you. Do you know if my husband has to have the D1 on his licence to drive it with a restricted licence?

He passed after 1997, so doesn't have it, (insurers know too), but DVLA website says he can drive as over 21, held for 2 years, as long as volutarily.

Thanks

Minibus for childminding - LucyBC

I don't think he needs it - however we have had questions raised over what is "voluntarily" which have gone to court before so I would strongly suggest he gets it as an entitlement.

Minibus for childminding - AmandaH

If you are going to be operating a minibus ( 9 - 16 passenger vehicle) under a restricted PSV Operators Licence then you will both need a full PCV D1 entitlement that you have gained via a secondary test to drive it, this will mean you need to pass a PCV Medical and get a provisional entitlement put on your driving licence. You then need to pass the following:

Module 1: Theory Test, multiple choice (Pass mark 85 out of 100)
Module 1a: Hazard Perception Test (Pass mark 67 out of 100)
Module 2: Theory Case Study Exam
Module 3: Practical PCV Test
Module 4: Practial Demonstration Test

You will also need a minibus which meet the DSA standards i.e. tachograph.

Minibus for childminding - AmandaH

If you want to operate a smaller vehicle, up to 8 passenger seats, then the Department for Transport's has some guidance which states you don't fall into the category of having to get a PHV licence http://www.dft.gov.uk/pgr/regional/taxis/rsa06privatehirevehicles?page=4#a1012. This would be much better for you as operating under an 'O' Licence is very expensive, apart from havin to obtain a Restricted 'O' Licence there are a lot of other things that you have to have in place, like a Class VI MoT for the vehicle, access to money for repairs - Google PSV437-01 (revised in 2009) for further information.

:-)

Minibus for childminding - rogcal

Hi. For what it's worth, my wife and I ran a childminding service for a few years and as we also provided a before and after school service we needed a large vehicle to do the school runs.

I checked out the legal position as you have done and soon came to the conclusion that 7 seats would be the maximum sized vehicle we could use . I took advice from insurers, VOSA, DVLA and the NCMA ( who we got our liability and motor insurance through) and opted for a Discovery in the end.

We made it quite clear in our contract that travel was not charged for but obvioulsy the time the chlid's care begun (when we picked them up and dropped them off) and ended was charged for and this indirectly covered the cost of operating the vehicle.

I can't remember the name of the brokers that were tied into the NCMA insurance scheme but I will say they were very helpful in ensuring we stayed the right side of the law in respect of covering our liability and being road legal.