After an absence of 6 years, we are pleased to be able to point our bursars, and their facilities and school transport managers in the direction of a course that promises to shed light on the confusing and often overlooked area of minibus safety and legal compliance.
Rivervale, having purchased Castle Minibus in 2023, have taken on the mantle of minibus safety education and has reinvigorated Castle’s original course, written in consultation with a senior ex-Traffic Commissioner, and added input from a specialist transport solicitor and a well-respected health and safety consultant.
The first day of the Advanced Minibus Management Course is/was 23rd September at Rivervale Minibus’ offices in Bicester. Hosted and delivered by the Rivervale team.
Liabilities, responsibilities, legal compliance, and safety.
There is so much more to managing minibuses than just the vehicles themselves. Apart from the MOTs and regular services that you’d expect to be needed, there are safety inspections, walk around checks and age restrictions on tyres. All needed to maintain a roadworthy vehicle, which is your legal responsibility. On top of that there are the drivers to manage; their licences, what they can drive, when they can drive, what their responsibilities are, and the policies and procedures they need to be aware of. You also have risk assessments for journeys, emergency protocols, drivers’ breaks and supervision to consider as you plan the use of your minibuses.
When a member of staff is given new responsibilities such as SEN-coordinator or Fire Marshall these roles come with additional training, and courses are abundant. But for those given the responsibility of managing the minibuses training options are extremely limited. This could be down to the fact schools just aren’t aware of the legal requirements and health and safety concerns that surround minibuses.
Health and Safety Considerations
Arguably, taking groups of children out on the public highway is going to be one of the most high-risk activities a school will do and so there is a big health and safety cross-over with Minibus Management. Driver and passenger safety is a Health and Safety issue. Michelle Pearson, of Pearson Webb Consulting, who has over 20 years’ experience in the education sector considers minibus management a major area for concern and has been consulted on this advanced course to offer insight from an auditing perspective.
Michelle Pearson comments “most of our clients are within the Independent School sector and have charitable status so they are operating under a Section 19 Permit. When I am auditing, I generally see a real lack of what I would call ‘management oversight’. Schools don’t always know what they should be doing with minibuses, they don’t have anyone taking overall responsibility for this area, which can lead to huge gaps. This course is a great opportunity for me to share exactly what I would be looking for when auditing a school’s minibus operations. It is not just about having the right processes in place for the vehicles, drivers and journeys, it is about ensuring that they are implemented. There is a huge cross-over with what I am looking for H&S wise, and what the DVSA and Section 19 Permits require. This course will make what is required abundantly clear, as well as provide advice on how to make this happen. I am really pleased that this resource is being created, obviously I will be giving professional advice but I also have anecdotal evidence to share that will help schools understand the importance of getting this right.”
Legal Insights
There are grey areas and conflicting advice when it comes to minibuses especially in the areas of whether teachers are driving for hire and reward, what is legally required maintenance and what might be the consequences of not following the DVSA’s ‘recommendations’ on maintenance and training.
There have not been many test cases where school minibuses are concerned, certainly none covering all the concerns and questions we hear at the ISBA.
In November 2018 Bridgend Borough Council was fined following the death of a 15-year-old boy hit by a school minibus on school grounds. The teacher who drove the minibus was not prosecuted but the Health and Safety Executive brought a case against the borough council for not addressing "hazardous" issues with bus parking provision.
In February 2019 Deputy Traffic Commissioner John Baker refused to return four vehicles (impounded in Dec 2018) to a school when granting an O-Licence because they were previously being used for hire and reward with no O-Licence. When the school applied for their return on the grounds that they didn’t know they were breaking the law their request was denied, because they had ignored warnings that they must stop all transport activities until they were compliant.
Chris Harrington, of CE Transport Law has been asked to advise on the Advanced Minibus Management Course with specialist legal insight. While he will not be present to answer specific questions, attendees of the course will get a clearer understanding of the law, and what the legal consequences might be if schools don’t embrace opportunities to improve minibus, driver and passenger safety. The ISBA are confident his input and relevant legal case studies, will answer many of the questions frequently raised by schools.
Your Questions Answered… Including who can drive a minibus?
One of the questions we are asked the most, and is possibly the most fundamental when it comes to minibuses is ‘what licence do you need to drive a minibus?’ Minibus licencing is a complicated subject with many determining factors, and this is why this course is so vital.
If you drive a minibus for a profit-making organisation you will need to upgrade your driving licence to include full D1 entitlement and gain your Driver CPC (Certificate of Professional Competence). The organisation will need to apply for a PSV Operator’s Licence.
Full D1 entitlement means you have completed the D1 theory and practical test as opposed to having ‘inherited’ D1 (101) entitlement on your licence because you passed your test before 1st Jan 1997. (101) meaning not for hire or reward.
If you drive a minibus for a non-profit making organisation, and they operate under a Section 19 Permit, instead of a PSV Operator’s Licence, you can drive a minibus, and be paid to do so, if you have inherited D1 (101) on your licence, or have taken the full D1 test.
Drivers who have category B driving licences and do not have D1 entitlement can drive minibuses for non-profit making organisations under certain conditions.
- The organisation holds Section 19 Permits
- The GVW of the minibus is 3.5 tonnes or under (4.25 tonnes with specialist wheelchair equipment)
- Drivers are not paid anything more than out-of-pocket expenses.
- Drivers are over 21
- Drivers have been driving for more than two years
It is recommended that all drivers take MiDAS (Minibus Driver Awareness Scheme) every four years which is a nationally recognised scheme that delivers theory and practical training. But this is not a mandatory requirement.
What the course will cover
The Advanced Minibus Management Course will keep the tried and tested structure of the online course with four distinct sections:
1. The Legal Framework
We cover Section 19 Permits, Restricted Operators Licences, driver’s licences, who can drive what vehicles and how that should be safely managed. Passenger categories under a Section 19 Permit including who you can carry and lend your buses to.
2. Safer Vehicles
The differences in driving minibuses versus cars, and the challenges teacher-drivers face. Vehicle maintenance requirements, including daily/weekly checks and safety inspections, as well as tips on avoiding common bumps and scrapes.
3. Safer Drivers
Effectively managing drivers, driver training, licence checks and their health and welfare, as well as the drivers’ responsibilities and liabilities. Health and safety concerns regarding fatigue, minibus key security and driver training.
4. Safer Journeys
Planning for safer journeys, including risk assessments, supervision, emergency protocols and procedure,s and often overlooked elements.
John Peterson, Director of Minibus Services at Rivervale, who was involved in the original course commented “Managing minibuses day-to-day, who can and can’t drive them and what can and can’t be done under a Section 19 Permit remains one of the most confusing and undervalued topics for discussion in schools throughout the UK. I have recently been involved in podcasts and webinars where it is apparent that schools and organisations want to get it right, but are still very confused and under-educated about even the most basic issues. We recently went into a school that had been operating minibuses without either a Section 19 Permit or an Operator’s licence for years. We have always strived to give best practice advice on the minibus management course, which has now been fortified by the input from Michelle Pearson and Chris Harrington. Effective minibus management is not a nice-to-have; there are legal and health and safety concerns that need to be taken seriously. I hope that by bringing back the in-person course, bursars, drivers, facilities managers, heads, and governors will realise the importance of a robust minibus safety system managed by someone who is trained and empowered to enforce those safety policies where needed”.
The importance of a transport manager
It was in consultation with Beverly Bell, the ex-Senior Traffic Commissioner in 2018 that the need for a dedicated transport manager within schools became apparent. A role (or a shared role) with responsibilities confirmed in writing, and more importantly, the authority to implement any changes necessary to establish and maintain safer minibus policies.
Launching the new Advanced Minibus Management Course at the ISBA Conference in Manchester this May, John Murphie, Chief of Operations at the ISBA commented, “The ISBA is delighted that Rivervale Minibus is developing this course with valuable legal and H&S crossover content and advice. Together, this course will shed some light on minibus’ grey areas and give informed professional opinions for Bursars to work with. I would urge all our members, and anyone involved in minibus management, to attend this course to improve school minibus safety across the board, as well as protect organisations from unwittingly falling foul of the law.”
The course is a one-day in-person course, with refreshments included at £475 per person plus VAT. To book your place on the 2025 dates of 23rd September, 22nd October or 10th December or to register interest in course for 2026 please call 01869 253744 or email minibus@rivervale.co.uk. Places are limited.
Rivervale will also be bringing the Minibus Management Course in person to Scotland with the support of SCIS and Wales, with WISC, in early 2026.
C E Transport Law is a leading firm of Commercial and Regulatory Solicitors, boasting considerable expertise in this specialist field. www.Cetransportlaw.co.uk tel: 01908 464480
Pearson and Webb Consulting provide Health & Safety and Fire Safety solutions for the Education and Charity sectors. www.pearsonwebb.co.uk. email info@pearsonwebb.co.uk Tel: 07966 198356 | 07739 350638
