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DVLA Code 101 - not for hire or reward

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1198
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PostPosted: 05:15 - 09 Feb 2020    Post subject: DVLA Code 101 - not for hire or reward Reply with quote

so, I've just been on the DVLA website checking my photo card licence has been renewed correctly (it has).
When flicking through the pages of things I'm entitled to drive, alongside the 16 seat minibus (old fart rules) it says 'DVLA Code 101 - not for hire or reward'.
If I was to drive the large minibus at work, is this allowed? I'm not doing it for hire as I'm not taxi'ing folk round but if I'm doing it for work? It's technically for reward as that's why I go to work - for money....
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recman
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PostPosted: 07:23 - 09 Feb 2020    Post subject: Reply with quote

Would you be specifically employed as the bus driver or would driving the bus be something you were asked to do on occasion while at your place of employment?
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Pete.
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PostPosted: 08:34 - 09 Feb 2020    Post subject: Reply with quote

I would say that if it belonged to your employer and you were driving it on company time then it's for reward. They are paying you to drive it. If you had borrowed it for personal purposes that would be not for reward.
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MCN
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PostPosted: 09:32 - 09 Feb 2020    Post subject: Reply with quote

The Safety Nazis have taken over the world.

I'd say as stated above, you are technically Hired andnRewarded by your employer.

To comply with licensing you would need to complete some sort of PSV training. Probably a proper term on DVLA (Taffy Central)

https://www.gov.uk/adding-higher-categories-to-your-driving-licence.
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Riejufixing
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PostPosted: 11:53 - 09 Feb 2020    Post subject: Re: DVLA Code 101 - not for hire or reward Reply with quote

1198 wrote:
If I was to drive the large minibus at work, is this allowed?

Phone them in the morning to check, but I think you're OK if it's not taxi work and you are not being "tipped". You aren't being paid by your passengers, in other words (a bit like conditions on your insurance which usually exclude driving for hire or reward).
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MCN
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PostPosted: 12:32 - 09 Feb 2020    Post subject: Re: DVLA Code 101 - not for hire or reward Reply with quote

Riejufixing wrote:
1198 wrote:
If I was to drive the large minibus at work, is this allowed?

Phone them in the morning to check, but I think you're OK if it's not taxi work and you are not being "tipped". You aren't being paid by your passengers, in other words (a bit like conditions on your insurance which usually exclude driving for hire or reward).



https://www.gov.uk/driving-a-minibus

It's explicitly says voluntary.

Working for a company that pays you is hire or reward.

HR should get information from DVLA if they do not already know the current rules.

A manager (of sorts) must be responsible for company vehicles.
The company can also be liable for infringements of the law by employees.

The company insurance will/should also state who is and isn't covered to use drive or even be a passenger in company vehicles.

It's not a thing I'd rely on the say-so of t' Internet Advisory Councillors on BCF.

Probably inadmissible as evidence in a court. 🤣🤣🤣
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Riejufixing
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PostPosted: 13:06 - 09 Feb 2020    Post subject: Re: DVLA Code 101 - not for hire or reward Reply with quote

MCN wrote:
Working for a company that pays you is hire or reward.

HR should get information from DVLA if they do not already know the current rules.

Working for a company does not necessarily mean the passengers are paying. A taxi firm would have paying customers, for instance, a state school would not. There's loads of stuff "out there" to look at, but as before (and from your post), get in touch with DVLA on Monday.
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1198
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PostPosted: 13:36 - 09 Feb 2020    Post subject: Reply with quote

The easy approach is I’ll just not drive the thing, although I will pose the question if only from interest.
The insurance certificate is fantastic - it basically just said anybody employed by them or connected to them can drive anything owned by, rented to or loaned by them for work purposes. There’s copies of it in pool cars...

recman wrote:
Would you be specifically employed as the bus driver or would driving the bus be something you were asked to do on occasion while at your place of employment?


The latter.
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MCN
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PostPosted: 14:32 - 09 Feb 2020    Post subject: Re: DVLA Code 101 - not for hire or reward Reply with quote

Riejufixing wrote:
MCN wrote:
Working for a company that pays you is hire or reward.

HR should get information from DVLA if they do not already know the current rules.

Working for a company does not necessarily mean the passengers are paying. A taxi firm would have paying customers, for instance, a state school would not. There's loads of stuff "out there" to look at, but as before (and from your post), get in touch with DVLA on Monday.


I was referring to:


"Conditions you must meet
You can drive a minibus within the UK as long as the following conditions apply:

you’re 21 or older

you’ve had your driving licence for at least 2 years

you meet the ‘Group 2’ medical standards if you’re over 70 - check with your GP if you’re not sure you meet the standards

you’re driving on a voluntary basis and the minibus is used for social purposes by a non-commercial body

the maximum weight of the minibus is not more than 3.5 tonnes - or 4.25 tonnes including specialist equipment for disabled passengers, for example a wheelchair ramp

you’re not towing a trailer"

"you’re driving on a voluntary basis and the minibus is used for social purposes by a non-commercial body"

That looks unequivocal.
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andym
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PostPosted: 15:04 - 09 Feb 2020    Post subject: Reply with quote

Personally I would drive it and plead ignorance if/when stopped.
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Easy-X
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PostPosted: 16:07 - 09 Feb 2020    Post subject: Reply with quote

andym wrote:
Personally I would drive it and plead ignorance if/when stopped.


That won't cut any ice with the Police. Easy insurance and/or non-qualified driver pull - nice bump in the stats for them.

The spirit of the law, IMHO, is that taking the pub darts team over to the next town shouldn't be bogged down in red tape. Once money changes hands then the government want their cut!

If you were asked to just "take the lads out on a jolly to Brighton" you might get away with it.
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Nobby the Bastard
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PostPosted: 16:25 - 09 Feb 2020    Post subject: Reply with quote

So we are now down to the insurance thing again.

How many times do you need to see the case law that says insurance underwriters cannot withdraw 3rd party insurance retrospectively for any reason?
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Copycat73
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PostPosted: 17:04 - 09 Feb 2020    Post subject: Reply with quote

insurance companies and operators of busses want to see and take a copy of licence before you are entered as a qualified driver to drive said buss .. i`ve seen transport managers on the phone before they give you the "keys" to any buss .. .. the term used was vicarious liability .. and it frightens the crap out of them .. you may be allowed to drive said minibuss on permits under Section 19 or Section 22 ... but your operator will have the details or talk to the commissioners...
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McHattrick
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PostPosted: 18:24 - 09 Feb 2020    Post subject: Reply with quote

Found a similar question here.
https://www.whatdotheyknow.com/request/d1_101_resriction
The answer appears in the attached DVLA leaflet.
‘A brief guide to driving a minibus’ leaflet INF241.
Section 2 states rewards may be direct or indirect, and an example of an indirect payment is a salary paid by an empoyer.
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MCN
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PostPosted: 10:56 - 10 Feb 2020    Post subject: Reply with quote

Easy-X wrote:
andym wrote:
Personally I would drive it and plead ignorance if/when stopped.


That won't cut any ice with the Police. Easy insurance and/or non-qualified driver pull - nice bump in the stats for them.

The spirit of the law, IMHO, is that taking the pub darts team over to the next town shouldn't be bogged down in red tape. Once money changes hands then the government want their cut!

If you were asked to just "take the lads out on a jolly to Brighton" you might get away with it.


Reward or hire means that someone profits financially.

If the van is a private owned vehicle (not tied to the pub business) and the driver doesn't make any profit then no special license conditions are required.

Driver probably has to buy his own beer though. 🤔🤣
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wr6133
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PostPosted: 12:21 - 10 Feb 2020    Post subject: Reply with quote

In 99% of circumstances, No you cannot drive a minibus for your employer.

The 1% where it maybe permissible are where you volunteer for social events, however this is possibly a minefield too. Is the bus as an asset held by your works "social club"? Arguably not a commercial body......

Best to just not do it. It's your arse on the firing line if caught and ignorance is not a plea.

To confuse the shit out of this issue there are response emails online from various agencies giving mixed advice. Keep in mind all responses from the DVLA or DVSA if genuine are prepended with a message along the lines of, "this is an opinion, law maybe different". If you try to get a non prepended answer by asking the office of the traffic commissioner they will just point you back to the enforcement authorities as they refuse to commit anything in writing for fear of losing their cushy, unelected roles if they fuck it up. This means we have a system where you can actually never get a proper answer that people will stand by to any legal question.

I'm a Transport Manager. My CPC is in Haulage but I have to remain fairly current on bus wanker rules for my job. The above (minus the rant about commissioners), is the advice I would give to any driver that came to me with that question and yes my answer is also not fully committed and errs on the side of caution.
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1198
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PostPosted: 17:15 - 10 Feb 2020    Post subject: Reply with quote

So I’m (probably!) ok for the Christmas pub crawl as driver but not to take people in ‘work’ time. Simple, I’ll just not bother!
thanks all!
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TaffyTDM
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PostPosted: 00:17 - 11 Feb 2020    Post subject: Reply with quote

To add an extra layer of confusion, as well as the actual licence to drive the category of vehicle, in most circumstances (except forces, blue lights and "incidental use at work - ie driving to a job, rather than as a job", and, er, vosa, )invokes an extra layer of bureaucracy called a CPC permit, which needs to be renewed every few years, for a reasonable fee, of course.
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