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6. For example, a minibus is not being used for “hire or reward” where a
maintained school operates a minibus and the pupils are not obliged to pay in exchange for the right to be passengers.
This may apply also to independent schools where the minibus is not used for a passenger service on a commercial basis but rather to take pupils off-site for curricular purposes.
The school is independent and uses the LWB 16 seater to fetch kids from a train station daily and return them at 5pm, 5 days a week and saturday mornings
school fees are £15,000 per year
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10. A category B licence holder may drive a minibus on a voluntary basis if he receives no consideration for doing so, other than out of pocket expenses, for a noncommercial body for social purposes. Such a driver who is not being paid, except for out of pocket expenses or who cannot be compelled to drive is considered to bedriving on a voluntary basis.
To establish whether a person falls within this category
the following points must be considered:
• Is the organisation a non-commercial body?
In general whether a school is a non-commercial body or not will depend on its status. It may be that some independent schools which lack charitable status could be considered to be commercial bodies. It is recommended that schools seek independent legal advice to determine their status.
• Is the driving for social purposes?
It is envisaged that this would
encompass most types of driving which school employees could be asked
to undertake.
• Can the driver be compelled by his employer to drive?
• Is the driver being paid specifically for the driving?
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