Alex Heney wrote:
> On Tue, 23 Dec 2008 10:49:16 -0800 (PST), Control Freq
> wrote:
>
>>> Just because nobody was aware of it does not alter the law nor excuse the
>>> breaking of it.
>>>
>>> By taking the money in the way you do you are by definition using the
>>> vehicle for hire or reward. It does not matter that you are not making any
>>> profit does not make any difference. It also raises questions of the
>>> validity of any insurance cover you have, or may require to comply with the
>>> law. Just because you did not realise that does not alter the facts.
>>>
>> Then why do minibusses exist? How does one hire one at all?
>> I see minibusses often. Some organised by football supporters clubs,
>> Womens Institutes, Karate clubs etc.
>> It is common for the passengers to pay their way.
>>
>> Is all of this illegal too?
>>
>
> Of course not.
>
> Have a look at the insurance documents from the last time you did
> this.
>
> I would be very surprised if it doesn't allow costs to be shared.
>
> All the people suggesting it is illegal are just basing that on the
> "thought" that the insurance for some reason won't allow it.
In fact the suggestion above of possible illegality mentions the
insurance as a possible extra problem. The main issue of whether this
would be legal revolves around the need for an Operator's Licence if the
vehicle is being used for hire and reward. Department of Transport
guidelines make it clear that there is no need for a profit to be made
for hire and reward to apply. Any arrangement which requires a payment
in order to be able to travel would qualify and so the original trip
would probably require a license. There are exceptions for community
organisations holding what is usually called a section 19 permit, and it
may be that the original organisation from whom the bus was to be hired
holds such a permit. Whether such a permit would cover the OP's use is
less likely and if he has to hire a bus from a commercial organisation
it is very likely that he would need an Operator License and would be
illegal without it.
Peter. |