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PostPosted: Thu May 02, 2013 12:06 am 
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Oi Bloodnock, I happen to be one of those PSV operators who uses an under 9 seater on an O licence, I have written permission from the Traffic Commissioner to do so. Even shearings use under 9 seaters as feeders for their tours.


Keep yer hair on Roy...Ive no gripe with the PSV Licence for any vehicle size, My Gripe is with Community Transport types seemingly being able to flout all known laws with government endorsed impunity.


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PostPosted: Thu May 02, 2013 12:13 am 
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and those of us with D1 and CPC will be able to command a high price for our services from that day!


It'll more likely boost the Minibus Self Drive hires, the ones that you get a mate to drive and whom has never driven anything bigger than a Fiat 500 with 4 people on board it before..that's another loophole they should be closing.

Cant see why I had to pass an extra test to transport 16 people for cash when the guy in the Minibus behind can move 16 people on a basic drivers licence.


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PostPosted: Thu May 02, 2013 7:29 am 
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What hair is left is firmly in place :D .

I agree totally with your sentiments above. This is still the only place where you're allowed to drive over 8 seats without taking a special test. Hire and reward shouldn't come into the equation; people's lives should.

Up to 8 passengers is probably your family and close friends; if you choose to DLAC and kill them that's your choice. Over 8 is likely to be a losely knit group of mates or workers who may need extra protection from those who choose to DLAC. I've lost count of the number of times I've been overtaken by a rented minibus doing well over the legal limit in the outside lane of a motorway! And that includes our friends from the CT community.


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PostPosted: Thu May 02, 2013 7:58 am 
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bloodnock wrote:
What does that mean?

Every 4 to 8 passenger seat volunter Vehicle will be either PH or Hack? or that no Volunteer using a 4 to 8 seat Vehicle can get away with using their own unlicenced car?

Or does it Simply mean that the Volunteers cant abuse a Vosa operators licence by driving a vehicle with fewer than 8 passenger seats and for which did not require the driver to have a D1 category licence entitlement?

It won't affect the volunteers because they don't run on any license, but there are small (less than 9) PSVs.

This the LC want to bin in favour of taxi/PH.

However if the rules come in, as outlined by Mr roythebus, then the volunteer market will have some sort of requirements other than a car and driver.

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PostPosted: Thu May 02, 2013 8:00 am 
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bloodnock wrote:
It'll more likely boost the Minibus Self Drive hires, the ones that you get a mate to drive and whom has never driven anything bigger than a Fiat 500 with 4 people on board it before..that's another loophole they should be closing.

I think that market has shrunk in the last few years as renters are now liable for any uninsured operations their vehicles are part of.

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PostPosted: Thu May 02, 2013 9:22 am 
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I can't say I've ever noticed a volunteer-driven car displaying a PSV operators licence. The licence holder would be risking the wrath of the TC if they did.

Oddly enough, Kent CC's contract states that vehicles with 8 seats or less must be licenced as hackney or ph. I was approached recently by a very reputable operator who wanted to use an under 9 seater on a KCC contract, so I advised him of the KCC terms and the legal side of the PSV licence (he holds over 80 psv licences). He ummed and aahed, then found out that KCC's very own Top Travel company were indeed using an under 9 seat car on their PSV O licence to cover the contract! Pot, kettle, black springs to mind! :roll:

In my view the hire companies have a "duty of care" not only to the hirer but to the passengers who may be conveyed in their vehicles and road users in general. They really ought to check what the vehicle is to be used for before hiring it, but then they'd be doing themselves out of business.


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PostPosted: Thu May 02, 2013 9:31 am 
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[quote="bloodnock
At these Prices the so called Charity is Charging
somewhere between 50% and 300% percent more than we Professionals are charging per passenger mile, this they do mostly without the correct LA or VOSA Driver or Vehicle Licenses being in place, all under the guise of being a charity.

[/quote]
The charity is charging. So was Swallow Hotels. The law doesn't differentiate whether it's a hotel charging or gaining benefit for the transport or a charity. It's still charging; "for hire and reward".

I think the original idea of a community transport minibus taking the elderly around was probably a good Idea when it was introduced in the 1970's, but things have moved on since then. The whole idea has grown out of all proportion with CT companies such as Hackney CT now running international operations, steam railways, TfL bus services, all "not for profit"?


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PostPosted: Thu May 02, 2013 9:31 am 
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roythebus wrote:
I can't say I've ever noticed a volunteer-driven car displaying a PSV operators licence. The licence holder would be risking the wrath of the TC if they did.

Oddly enough, Kent CC's contract states that vehicles with 8 seats or less must be licenced as hackney or ph. I was approached recently by a very reputable operator who wanted to use an under 9 seater on a KCC contract, so I advised him of the KCC terms and the legal side of the PSV licence (he holds over 80 psv licences). He ummed and aahed, then found out that KCC's very own Top Travel company were indeed using an under 9 seat car on their PSV O licence to cover the contract! Pot, kettle, black springs to mind! :roll:

In my view the hire companies have a "duty of care" not only to the hirer but to the passengers who may be conveyed in their vehicles and road users in general. They really ought to check what the vehicle is to be used for before hiring it, but then they'd be doing themselves out of business.


The Only benefit From self hire companies is that the act as source of reasonably priced used and abused Minibuses which unlike PH or Hacks are not subject to age restrictions...but that's about it.


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PostPosted: Thu May 02, 2013 9:37 am 
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I think the original idea of a community transport minibus taking the elderly around was probably a good Idea when it was introduced in the 1970's, but things have moved on since then. The whole idea has grown out of all proportion with CT companies such as Hackney CT now running international operations, steam railways, TfL bus services, all "not for profit"


The "Not for Profit" part of the argument is the problem....you can get around any huge profit by Paying the Management top Salary to burn off the excess cash and by writing that into the Equation as part of the costs, It then appears that on paper the Business Did not make any profit...A Scam really.


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PostPosted: Sun May 05, 2013 7:10 am 
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roythebus wrote:
Well, to re-open this thread, I've just had a lengthy chat with Martin of MC Cars in Mansfield following a letter I've had published in routeOne bus trade mag this week. In that letter, I mentioned the fact that CT groups were exempt from various licencing regs which I mentioned earlier in this thread.

Martin has put a substantial amount of his own money taking this case to the EU and a judgement is due later this month. there has already been some movement regarding CT bus drivers. It has been deemed that they WILL need D1 entitlement and a Driver CPC to carry on driving over 8 passenger seat vehicles. I understand that VOSA will be at a lot of schools from 10th September when the CPC rules kick in. Basically any CT driver who does not have the CPC card will have a PG9 (immediate prohibition) issued on the vehicle and he will receive a hefty fine, as will the CT operator.

Various other matters were discussed; I wondered how this will affect the ph/taxi trade with community transport cars. The EU ruling, if it goes in "our" favour, and there is a very strong likelihood of that as the EU is against government subsidies, will mean that most "voluntary" groups offering cheap hospital trips will be outlawed. This is based on the premise that if a CT bus driver needs a D1 plus CPC as he's driving for hire and reward, a car driver, doing cheap hospital trips (for hire and reward) will need a ph or taxi licence and be properly licenced. (See Rout v Swallow Hotel for the link on that matter!)

Excrement is likely to hit the air circulation equipment fairly soon, and the government will have to rethink its transport policies.

What has further angered the EU is the fact that Hackney Community Transport (turnover £50m+) recently tendered and was awarded the contract to run all the buses in Jersey, having ousted the previous French-owned company. HCT receives a hefty government subsidy for its operations.

No doubt further clarification will appear soon.



There's plenty of room for the Cab Trade and minibuses run by cab firms and minibus firms to earn a decent crust, it's when the community transport companies come into the equation with their low prices but a highly paid CEO. Not bad for a charity is it??


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PostPosted: Sun May 05, 2013 10:46 am 
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One of the bigger "scams" was a school in the Manchester area which had a sizeable fleet of s19 minibuses. When it was discovered they'd made a "profit", the acounts were reportedly hastil;y re-worked and hey presto, the newly re-surfaced car park had been paid for by the minibus account, so no profit made there.

But yes, a lot of CT firms have highly paid CEOs.

To reiterate, the EU definition of the whole process is of "economic activity", not "hire and reward" or "commercial purpose"; and that includes the activities of charities.

The link here is EU case C-475/99 Glockner (2001) ECR I-8089 para.19, 20, 21

http://curia.europa.eu/juris/document/d ... id=1349732


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PostPosted: Sun May 05, 2013 10:56 am 
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VOSA were out in force in our town on Friday. I think they were targeting certain vehicles because although our minibus was at a school where they were checking vehicles we were not stopped. My wife saw one of the said target vehicles stopped in a lay-by just out of town with VOSA crawling all over it whilst the worried looking driver was talking very animatedly on his mobile. This vehicle and several others belong to a playgroup and take kids to and from school. They were asked about a year ago by our council regarding licensing and they claimed to be working on S19 permits but I have never seen one displayed in any of their vehicles.

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PostPosted: Sun May 05, 2013 11:03 am 
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Oh good! At last, VOSA doing something about it. In my view, the playschool minibus needs to be a PSV as it's carrying kids for hire and reward. I'm sure the parents' fees pay for the minibus. (Rout v Swallow Hotel again)!


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PostPosted: Sun May 05, 2013 6:45 pm 
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grandad wrote:
VOSA were out in force in our town on Friday. I think they were targeting certain vehicles because although our minibus was at a school where they were checking vehicles we were not stopped. My wife saw one of the said target vehicles stopped in a lay-by just out of town with VOSA crawling all over it whilst the worried looking driver was talking very animatedly on his mobile. This vehicle and several others belong to a playgroup and take kids to and from school. They were asked about a year ago by our council regarding licensing and they claimed to be working on S19 permits but I have never seen one displayed in any of their vehicles.

Good news. \:D/

Hopefully that stop will prove fruitful and encourage more similar stop-checks. [-o<

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PostPosted: Fri May 17, 2013 12:33 pm 
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Mumblings coming through the grapvine that the DfT are NOT going to enforce the requirement for CT drivers to have a DCPC! According to information received, the DfT reckon drivers of vehicles used for "non commercial" carriage of passengers will not need aDCPC. However, they seem to ignore their own advice: that these are only guidelines and it is down to the driver or his employer to get legal advice.

I suggest the DfT check the EU judgement in Glockner to find out what "commercial use" is.

http://curia.europa.eu/juris/liste.jsf? ... m=C-475/99 It's a bit of a long read but entirely relevant.

Other info at EU documents SSGI and SGEI, sorry don't have a link for that at the mo!


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