Who can drive our minibuses operated using section 10B permits?

  • Category D1 101 entitlement

    Minibus drivers who passed their car driving test before 1st January 1997 will normally have a D1(101) – minibus, not for hire or reward – entitlement on their licence.  This entitlement will remain on the licence until it expires, usually when the driver reaches 70 years old or unless removed by Driver and Vehicle Agency in Northern Ireland, usually for medical reasons.  Even though the licence restriction says ‘not for hire or reward’ these licence holders can drive a minibus operated under a section 10B permit with the following conditions:

    • They are only able to drive a minibus on a voluntary basis and they can receive out-of-pocket expenses.
    • There is no weight restriction attached to the size of the minibus the driver can drive however, they must not overload a minibus which has had its weight restricted.

    Drivers, such as teachers, health workers and caretakers who drive a minibus as part of their employment are deemed to be paid drivers.  These drivers will need to hold:

    • a full PCV D1 driving licence gained by taking a second test.
    • a Driver Qualification Card to demonstrate that they have taken the required periodic training, called Driver Certificate of Professional Competence or Driver CPC.

    Category B entitlement

    Drivers who passed their driving test from 1 January 1997 were not granted the D1 101 entitlement on their licence and they will only have a B entitlement. If a driver with only a category B entitlement can comply with all of the following conditions they may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, if they:

    • are the holder of a full licence authorising the driving of vehicles in category B;
    • have held that licence for an aggregate period of not less than 2 years;
    • are aged 21 or over, but under 70 (unless the driver has passed a PCV medical and has gain the restriction code 79 (NFHR); and
    • receive no payment or consideration for so doing, other than out-of-pocket expenses;
    • drive a vehicle included in sub-category D1 which has no trailer attached and has a maximum authorised mass-
    • not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and
    • not exceeding 4.25 tonnes otherwise.

    The two conditions that cause must problems are the vehicle weight restriction and not being able to pay drivers.  The fourth bullet point above is normally interpreted as meaning that the driver is a volunteer.  However, there is a legal opinion that where an employee does not have driving as part of their job description and they receive no more pay as a result of their driving duties; they could be considered to be meeting the condition set out above.  This opinion has not been tested in a court but has been accepted within the voluntary sector.

    The additional 750kg weight attributed to ‘specialised equipment’ is the maximum allowance permitted to directly offset the additional weight of any ‘specialised equipment’ which is intended for the carriage of disabled passengers, therefore, any allowance claimed over the 3.5 tonnes limit must be attributed to this equipment.  The gov.uk website provides an example of ‘specialised equipment’ as being a ramp however, operators and drivers must ensure that any ‘specialised equipment’ stays on the minibus for this concession to apply, if there is no ‘specialist equipment’ on the minibus then the Maximum Authorised Mass cannot exceed 3.5 tonnes.

    Maximum Authorised Mass

    Both operators and drivers need to take care with the maximum authorised mass of any vehicle they are operating or driving.  The Maximum Authorised Mass, or Gross Vehicle Weight as it is also known, is the maximum carrying capacity of the vehicle; this is the vehicle when it is full of diesel along with all the passengers and driver.  It may be possible to overload a vehicle where heavy wheelchairs are carried or where the payload of the vehicle is small.  For more guidance, please see our advice leaflet on Minibuses and Overloading available to CTA members.

    Where any of the above conditions cannot be met, the driver will need to pass a second driving test in a minibus including, medical and theory, hazard perception and practical tests.  This will gain them a full PCV D1 entitlement, for more guidance see our advice leaflet on Gaining a PCV D1 Entitlement available to CTA members.