Are teachers volunteer drivers?
..Or are they paid employees who are driving as part of their job?
Unfortunately, we cannot give you a yes or no answer. There has been no legal test case on this issue.
The answer to this question affects whether teachers can drive minibuses on standard B car licences. If they are being paid to drive they need D1 entitlement; if they’re volunteers they can drive on a car licence (conditions apply).
This document provides an overview of the information Rivervale Minibus has gathered on the subject so each school can make its own decisions based on its unique set of circumstances.
If you are in any doubt, we recommend you contact a specialist transport solicitor such as Chris Harrington, CE Transport Law.
What does hire or reward mean in school settings
In schools, transport of pupils will almost always be considered hire or reward, because
- Pupils’ have a right to be carried because of their enrolment in the school and the payment of either school fees or public funding (indirect payment for transport)
- Transport is part of the organised activities of the school
- Journeys are planned, supervised, and risk-assessed
- The general public has no right to travel on the minibuses
This is why schools rely on Section 19 permits, which allow them to run minibuses for hire or reward, but not-for-profit. A Section 19 Permit avoids the financial and operational burdens of the PSV Operator’s Licence, and it also allows ‘volunteer’ drivers to drive 17-seat lightweight minibuses on a car licence, provided certain conditions are met.
www.gov.uk/government/publications/section-19-and-22-permits-not-for-profit-passenger-transport
Who can be paid to drive a minibus?
You can be paid to drive a minibus under a Section 19 Permit if you have either inherited D1 entitlement or have passed the full D1 driving test.
If you do not have D1 entitlement, you can only drive minibuses under a Section 19 Permit, provided you meet certain conditions, one of those being you are a volunteer and are not receiving payment (or any other consideration) to drive.
Are teachers paid drivers or volunteers?
There is differing advice; this is why this issue is confusing and complex.
Some of the guidance that says teachers as employees/volunteers can drive minibuses in some instances is as follows
‘A volunteer driver is considered to be someone who is not paid nor compelled to drive. The driver would not be viewed as a voluntary driver if they are contracted to drive or driving forms part of their contract of work.’
www.gov.uk/government/publications/section-19-and-22-permits-not-for-profit-passenger-transport/
‘In our view, if a teacher’s contract of employment does not state that driving minibuses is part of their duties and they receive no additional payment for driving a minibus to take pupils on trips or to social sporting events (except for reimbursement for out-of-pocket expenses), they will be driving on an extra-contractual, voluntary basis. In this case, the category B licence would suffice (assuming the conditions are met) even if the school reimburses the teacher for fuel, parking and tolls.’
www.gov.uk/government/publications/driving-school-minibuses-advice-for-schools-and-local-authorities
There are unions and authorities that actively discourage teachers as employees from driving minibuses without a D1.
‘The NASUWT strongly advises members not to drive school/college minibuses. This should not be part of a teacher’s contractual duty and members are advised not to volunteer to drive school/college minibuses. An employer cannot indemnify a volunteer minibus driver where a court has imposed a sanction for committing a road traffic offence. This must be borne in mind before a member takes on the responsibility for driving a minibus.
‘The NASUWT strongly asserts that, particularly but not exclusively due to the ambiguity around the hire/reward status, the full D1 licence is the minimum requirement, and a car licence is insufficient in all circumstances. If schools wish to train minibus drivers to D1 level, the costs of any training and testing for the D1 licence must be covered in full by the employer.’
www.nasuwt.org.uk/advice/health-safety/minibus-guidance.html
‘Teachers and other school staff are driving the school minibus for their paid employment. A teacher’s contract may not detail every activity and duty they carry out, but they receive a salary for doing so and they are subject to employer discipline for any negligence or misconduct whilst doing so, even outside normal school hours. We therefore conclude they receive payment or consideration for their work including driving, which is prohibited by the driving licence regulations when driving on a car licence.
The exemption for driving on a car licence stipulates that the journey must be for social purposes: school trips are official school business – if a member of staff took some pupils as passengers in their private car, they would need business use insurance cover as it would not be covered by a social, domestic and pleasure policy..’
www.bedford.gov.uk/parking-roads-and-travel/road-safety/minibus-advice-and-guidance
From Chris Harrington, Transport Solicitor, CE Transport Law when asked as part of our Minibus Management Course
‘It’s my view that if you’re in doubt that you should seek legal advice from a transport professional. The basic considerations that I would suggest is looking at what that teacher does. Look at the frequency that they drive the vehicle, look at the duties that they have.
So, for example, if we had a teacher that was volunteering to drive a group of school children to a music concert outside of working hours, once every six months – there is an argument to suggest that they’re a volunteer and a teacher, and the majority of the time they are a teacher.
However, when you contrast that with a PE teacher, for example, whose function maybe to drive regularly to sports matches using a minibus there is a clear distinction between the two; in that one of them drives as part of their duties and the other one does not. Therefore, there is an argument to say that the PE teacher is also a driver as well as a teacher.’
Driving as part of your teaching duties- Teachers’ unions’ guidance
Teachers’ unions advise that:
- Driving pupils is not a contractual teaching duty
- Members should not be pressured to drive
- Schools should use appropriately trained and licensed drivers
National Education Union guidance on workload and health & safety
https://neu.org.uk/advice/health-and-safety
NASUWT advice on directed time and additional duties
https://www.nasuwt.org.uk/advice/conditions-of-service.html
Our advice on tackling the issue
Rivervale Minibus therefore, advises that schools
- Check if driving is mentioned in your teacher’s contracts
- Ensure your employees/teachers are not ‘compelled’ to drive. Does driving form part of their expected duties that they feel they cannot refuse?
- Review how often your teaching staff are driving?
With the guidance above we hope you will be in a position to decide if your current minibus drivers could reasonably be considered volunteers or whether you need to find drivers with D1 entitlement or provide D1 driver training to your teachers who are regularly driving minibuses. If in doubt consult a specialist solicitor.
A course to help you manage your minibuses
We discuss this issue and many more on the Minibus Management Course. The UK’s only face-to-face course for those managing minibuses under a Section 19 Permit. Please get in touch on 01869 253744 or email minibus@rivervale.co.uk to find out the dates and locations of the course and secure your place.
