In accordance with the legal requirements for employees driving minibuses, the Education Authority (EA) advice for schools is anyone driving a minibus should hold a category D1 driving licence.
There may have been some interpretation of this advice as not being relevant to those drivers who hold a D1 (NFHR, Not for Hire or Reward) licence and whose driving was interpreted as being incidental to their employment because driving duties were not outlined in their job description.
The Department for Infrastructure has clarified the legal position relating to driver licence requirements for those who drive a minibus in connection with their employment is as follows:
All driving of a minibus in connection with employment irrespective as to whether it is incidental or integral to the employment, i.e. whether driving duties are outlined on a job description or not, must be undertaken by a driver who holds a D1 licence by test and a driver’s qualification card. Furthermore, a tachograph must be used to record drivers’ hours and rest periods, and records for the previous 28 days must be carried when driving.
The current definition of category D1 in relation to a minibus is as follows:
“Any motor vehicle designed and constructed for the carriage of no more than 16 passengers in addition to the driver, with a maximum length not exceeding 8 metres and including such a vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kilograms.”
If this criterion cannot be met, any journey undertaken by staff will not be considered legal and may leave the driver and the employer facing prosecution and penalties. Failure to meet these driving criteria may also invalidate your insurance policy. Any concerns regarding insurance compliance should be checked directly with the provider.
Training for the D1 Test can be provided by advanced training instructor organisations and a number of approved Driver Certificate of Professional Competence (CPC) courses are available. Normal procurement procedures will apply.
It is imperative that the school principal and management satisfy itself that the relevant criteria have been met before authorising employees to drive a minibus. Any queries regarding the requirements for individual employees should be referred to DVA (Tel: 0300 200 7861).
Further Guidance on Driver Licensing Requirements for Minibuses is set out in the DFI guidance available at the link below:
DfI Guidance on Driver Licensing Requirements for Minibuses
Further guidance on the use of tachographs can be found on the link below:
And guidance on recording other work for occasional drivers can be found at this link: