CODE OF PRACTICE ON THE USE OF MINIBUSES PLEASE NOTE: If your department either owns a minibus or hires self-drive minibuses, they can be operated only with a Small Bus Permit. See Section 4.2 for further information. IMPORTANT NOTICE A copy of this Code of Practice must be given to all drivers of minibuses within each Department. Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. Aim Application Definition Legal Duties The Departmental Minibus Manager The Minibus Driver The Minibus Driving Abroad Advice for the Journey 1. Aim To promote the safe and legal use of minibuses throughout the University 2. Application This code applies to any minibuses owned, leased or hired by the University and its Departments. 3. Definition For legal purposes a minibus is a vehicle constructed or adapted to carry between nine and sixteen passengers, not including the driver. 4. Legal Duties 4.1. General: Before using minibuses you should consult the document, “Minibuses and the Law”, issued by the Community Transport Association for full details on the legal requirements. Copies have been issued to Departmental Safety Officers and are also available from the Safety Office. Anyone who drives or operates a minibus to carry passengers has a legal duty to take all reasonable precautions to ensure that it is operated safely. It is an offence to cause or permit a minibus to be driven on the road when its condition, or the way in which it is driven, could cause danger to anyone in the minibus or to other road users. 4.2. The Small Bus Permit Scheme: If your department either owns a minibus or hires self-drive minibuses, they can be operated only with a small bus permit. Under the Public Passenger Vehicles Act, 1981, operators of minibuses must have a Public Service Vehicles Operator’s Licence if they are operated for hire or reward. Under the definition of ‘hire or reward’, the use of minibuses by the University for transport of students would be included, even if a direct charge is not made for the journey. This is because tuition fees are paid by or on behalf of the students and the charge for the transport is deemed to be included in those fees. However, the Transport Act, 1985 allows exemptions from this requirement for certain ‘not for profit’ organisations, including educational establishments. The exemption is only given if the minibus user operates a Small Bus Permit System. Amongst others, it requires that you have a permit and associated windscreen disc for each minibus which you operate (whether owned by the University or hired) and that all drivers have been trained and assessed under the scheme. Before you use a minibus (whether owned, leased or hired) for University-associated purposes you must ensure that you follow the requirements of this system. However, this does not apply if the driver is supplied by the company from whom you hire a minibus, since this will be covered by the operator’s licence of the company. Note, that small bus permits are not specific to a certain vehicle and are transferable between minibuses. Thus, if you hire minibuses, you only need enough permits to cover the maximum number of vehicles hired at any one time. However, you will then need a system to ensure that the vehicle windscreen disc is placed in and removed from the vehicles at the beginning and end of the use by the Department. If you need to obtain small bus permits, you can do so through Ken Howells of ESTS. It is also strongly recommended under this scheme that drivers receive appropriate training and assessment. This can be arranged through a Community Transport Association approved Trainer and assessor, operating under MiDAS (Minibus Driver and Awareness Scheme]. The local provider is: Defensive Driving & Fleet Training The Lawns 64 Pen y Dre Rhiwbina Cardiff CF14 6EQ 20613930 David.Lewis22@ntlworld.com 5. The Departmental Minibus Manager Any department which operates minibuses for transport of students should appoint a person to be responsible for the management of these operations – the Departmental Minibus Manager. This applies whether the vehicles are owned, leased or hired. Each Minibus Manager should have a copy of the DETR publication, “Passenger transport provided by voluntary groups under the Section 19 or 22 permit system” [PSV 385]. These can be ordered from: Department of the Environment, Transport and the Regions, Eland House Bressenden Place, London SW1E 5DU 020 7890 3000 http://www.detr.gov.uk Copies may also be available form Ken Howells of ESTS. The Minibus Manager should also have a copy of , ‘Minibuses and the Law’, issued by the Community Transport Association (CTA). Copies are available from Safety Services. The Departmental Minibus Manager will be responsible for ensuring the following with regard to minibuses owned, leased or hired by the Department: production of a written risk assessment for operation of minibuses within the Department the operation of Small Bus Permits (Section 4.2), including ensuring that every minibus in use has a permit and is displaying the corresponding disc every minibus driver possesses an appropriate driving licence (Section 6.1) and is not disqualified from driving and that a photocopy of the licence has been filed every minibus driver has successfully completed appropriate driver training and assessment (Section 4.2) for driving minibuses and that records are kept. Although this is not mandatory, it is strongly recommended. driver’s licences are checked at least every six months for disqualifications that re-assessment of the driver’s competence is undertaken at least every 3 years each vehicles is taxed, has a current MOT and is appropriately insured each vehicle has an on-board log book each vehicle has regular safety checks and maintenance, as appropriate. For hired or leased vehicles maintenance safety checks should be at least once per semester each vehicle meets advised safety requirements each vehicle carries all necessary safety-related equipment (Box 1) seat belts are properly fitted and drivers are aware of their responsibilities with regard to their use (Section 7.2). any specialist equipment (e.g. for disabled access; Section 7.3) in a minibus is regularly maintained and fully operational and that each driver of the vehicle is fully trained in its use. no driver exceeds the maximum permitted times for a working day and for driving periods (Box 2). A second driver is appointed for longer journeys where this might otherwise occur. each driver, or at least one staff passenger, has basic training in first aid (Section 9.3.2), emergency vehicle procedures and mechanical breakdown procedure each vehicle is covered by a roadside recovery or repair scheme (e.g. AA or RAC) that all relevant regulations and conditions are adhered to for any vehicle travelling abroad (Section 8). every minibus driver is given a copy of this code of practice 6 The Minibus Driver 6.1. Driver Requirements All drivers of minibuses must: 1. be approved by their Head of Department 2. be registered with and approved by the University Insurance Advisor for this purpose 3. be over 21 years old by law and preferably over 25 for insurance purposes 4. hold a clean, current, full driving licence 5. have at least two years’ driving experience on a full licence 6. have successfully completed appropriate driver training and assessment (Section 4.2) for driving minibuses. Although this is not mandatory, it is strongly recommended. 7. have passed their car driving test before January 1 st 1997, or if they passed the test after this date, the must have normally have passed a second driving test to obtain full D1 entitlement on their licence. This latter requirement may be waived if the driver fulfils requirements 3 and 5 above, the vehicle does not have a gross weight exceeding 3.5 tonnes (4.25 tonnes including any specialised equipments for carriage of disabled passengers) and the driver receives no payment or consideration for driving the vehicle other than out-of-pocket expenses. Note that a member of paid staff for whom this driving is an implicit part of his/her employment under his/her job contract is very unlikely to be considered to be meeting this last requirement. 6.2. Driver Responsibilities A minibus drivers must: not consume any alcohol on the day of driving the vehicle on university business until after the driving has been completed not consume alcohol to excess on the evening before driving the minibus not be taking any medication which could affect fitness to drive (consult with your GP or the Health Centre if taking medication) carry out the list of checks for the roadworthiness and safety equipment of the vehicle given in Box 1 observe the list of requirements given in Box 2 observe the list of requirements for parking given in Box 3 Box 1 Driver’s checklist for roadworthiness of the vehicle Tire pressures Tire condition Lights Indicators Fuel level Oil level Water level Windscreen wipers and washers Horn Mirrors, presence, condition and alignment First Aid Kit carried and complete Fire extinguisher carried and within test date Warning triangle carried Vehicle displays a current Road-Fund Licence disc and a Small Bus Permit disc Serviceable spare tire and wheel changing equipment Emergency door(s) are clearly marked Reversing warning alarm (recommended) Reversing lens fitted to rear window (recommended) Fuel cut-off switch Vehicle carrying capacity clearly marked Special access equipment for disabled passengers (if fitted) If there is a defect, do not drive the vehicle. Report the defect immediately to the department Minibus Manager or to the hire company for hired vehicles The driver should also consider carrying the other useful equipment listed in Box 4 Box 2 Activities required of the driver before and during the journey Pre-plan the journey, be fully prepared and allow sufficient time for the travel Do not work for more than a maximum of 12 hours or exceed a maximum of 9 hours driving in any 24 hour period. Drive safely and with due care, observing all traffic regulations, including speed limits Carry out reversal manoeuvres with great care, particularly if passengers are being conveyed. Make full use of all mirrors and the reversing lens. Request the help of a staff passenger to guide you. Do not use a mobile phone while driving Ensure all passengers are seated and that the carrying capacity for passengers is not exceeded Check that all luggage is correctly stowed, with aisles unobstructed Check that the vehicle is not overloaded If a roof rack is use, make sure that the load is evenly distributed and within the recommended weight limit for the vehicle Ensure all doors are closed, but not locked and that emergency exit doors are not obstructed Check that all seat belts are used according to legal requirements Ensure that no hazardous materials or flammable liquids are being carried Make sure no-one aboard smokes Ensure that specialist equipment is used correctly and in accordance with manufacturers’ instructions Identify and use safe pick-up and drop-off locations Complete the vehicle log book Leave the vehicle interior in a clean condition Ensure that there is sufficient fuel left to allow the next user to begin the next journey and re-fuel Box 3 Legal requirements for parking a minibus Always park on the nearside of the road unless in a designated parking place Never be less than 10 metres from a road junction Never be in contravention of a parking restriction (e.g. yellow lines) Never cause an obstruction If parking on the road at night, leave the side and rear lights on Box 4 Other useful equipment to carry in a minibus instructions and contact details for handling an emergency insurance policy details breakdown policy details, contact numbers etc mobile phone/phonecard/change for telephone - for emergencies high visibility coat (BS EN 471) portable flashing beacon working torch webbing cutter pen and paper! 7. The Minibus The law requires that a minibus must: be roadworthy and well maintained display a valid tax disc have a valid MOT certificate, if more than one year old be adequately insured display a Small Bus Permit disc, if operated as part of the Small Bus Permit Scheme (Section 4.2) 7.1. Roadworthiness It is the responsibility of the Departmental Minibus Manager to ensure that vehicles operated by the department are maintained in a roadworthy condition. Each driver must use the checklist in Box 1 to ensure that the vehicle is roadworthy before any journey, whether the vehicle is owned, leased or hired. 7.2. Seats and seat belts All vehicles should have forward facing, preferably high-back, seats. Minibuses with rear seats along each side of the vehicle and facing inward (“crewbus” type) must not be used. All vehicles must be fitted with seat belts for the driver and all passengers and these should be used. By law, passengers in the front seats and any exposed seats in any minibus must wear the seat belts provided. Those in the rear of a minibus of unladen weight of 2540 kg or less must wear the seat belts provided. Although the law does not require that passengers in the rear seats of a minibus of unladen weight of more than 2540 kg wear seat belts, this is strongly recommended by all road safety organisations and it is University policy that they be worn on all journeys by all passengers, irrespective of the unladen weight of the vehicle. 7.3. Special access equipment for disabled passengers Where disabled passengers are carried, appropriate access equipment may be required. This can include: hydraulic hoists wheelchair clamps and tracking harnesses and seat-belts for seated passengers inertia reel harnesses and headrests for wheelchair passengers ramps for wheelchair access and egress It is the responsibility of the Departmental Minibus Manager to ensure that any such access equipment is fully operational and properly maintained all drivers of vehicles fitted with such equipment are trained in its use full written instructions are displayed in the vehicle The booklet, ‘Minibuses and the Law’ issued by the CTA, also has extensive advice on this topic. Departmental Minibus Managers will have copies of the booklet for reference. Advice on how to give assistance to disabled passengers in the event of an emergency is given in Box 8 7.4 Hiring Vehicles When hiring a minibus, the Departmental Minibus Manager is responsible for ensuring that the vehicle conforms to the requirements described in this Code of Practice, that there is a Small Bus Permit for the vehicle and the Disc is displayed. Although a hired minibus should have undergone a safety inspection by the hire company before inspection, the driver is still legally responsible for ensuring that it is in a roadworthy condition. Hence, the checks listed in Box 1 should still be performed. 7.5. Trailers Towing trailers behind minibuses is subject to several legal requirements: drivers who passed their test before January 1st 1997 will be able to drive minibuses with trailers of any weight. Those who passed after this date will need to pass the PCV D1 test for trailers up to 750kg (gross vehicle weight (GVW)/maximum permitted weight); for over 750 kg they need to do yet another test to obtain D1 +E. the weight of vehicle plus trailer must not exceed the maximum Train Weight set for the vehicle. the GVW of the trailer itself must not be exceeded the GVW of the towing vehicle must not be less than that for the trailer the trailer will be required to have additional braking, indicator and tail lights and a second registration plate separate braking for the trailer may also be required rear door access must be avoided the motorway speed limit is 60 mph it is illegal when towing a trailer to use the outside lane of a motorway of three or more lanes. It is important to realise that towing a trailer can significantly affect the performance and handling of the minibus and that reversing in particular requires different skills. Any driver who will be towing a trailer must be suitably trained and experienced in such driving. 8. Driving Abroad The exemptions for drivers under the Small Bus Permit system apply only to driving in the UK. Therefore, all drivers of minibuses abroad must obtain a Passenger Carrying Vehicle (PCV) category D or D1 licence. In addition, EC regulations lay down rules for international journeys in passenger vehicles constructed to carry 9 or more persons, including the driver. This includes the requirement for the vehicle to be fitted with a tachograph. Further information can be obtained from Ken Howells of ESTS and from the booklet, ‘Minibuses and the Law’, issued by the Community Transport Association (CTA). Copies are available from Safety Services. 9. Advice for the Journey 9.1 Journey Planning. The minibus driver should pre-plan and prepare for the journey in detail to enable a route to be identified which allows ample time to reach the destination. Accidents are more likely to occur when a vehicle is being driven flat-out to a time deadline: this must never happen. It is the driver's responsibility to identify and use safe pick-up and drop-off areas having regard, at all times, to the needs of other road users. If a relatively long journey is being planned, especially as a day trip, serious consideration should be given to hiring a professional coach company to undertake the journey, or if convenient, to travel by rail. When planning the journey, expected weather conditions must be taken into account and factors such as start time; travelling time etc should beadjusted accordingly. 9.2 Driving Times. Tiredness of the driver is now well recognised as a significant factor in road traffic accidents. No-one should drive or be expected to drive if they are tired. The maximum number of hours that a driver may drive in any 24 hour period is 9 hours, with a weekly maximum of 56 hours and the maximum working day is 12 hours (including teaching, supervision and other work activities additional to the driving). The maximum continuous period of driving should not exceed 2½ hours, with a minimum break of 10 minutes out of the vehicle. If it is unavoidable to use a minibus on a longer journey, the minibus manager should appoint a second driver to share the driving duties. In inclement weather conditions continuous driving times should be adjusted (shortened) to reflect the weather conditions i.e. the increase in required concentration may increase the level of fatigue. 9.3 Potential problems during minibus journeys. 9.3.1. Road, Traffic and Weather Conditions Good training will help ensure minibus drivers can cope with a wide variety of road and traffic conditions. If roads are well known, consider the risks and hazards at the planning stage. Carry out a risk assessment on journeys even where the route is familiar. Consider what hazards you may encounter and whether the journey is in fact necessary. Is there an alternative form of transport (coach, bus, train) which you could as easily use (all of them are potentially safer than minibuses). The weather can be unpredictable and there is little you can do to control it. However, the hazards of driving in difficult weather conditions are well known and well documented. Make sure that the driver (and passengers) understands the risks and procedures for travelling in fog, rain, snow, ice, high winds, sun and glare etc. 9.3.2. Illness It is possible that any occupant of a minibus may become ill during a journey and require some form of medical treatment. It is therefore reasonable to expect that the driver, or another staff passenger, should have received some basic first-aid training to deal with minor emergencies. The vehicle should always carry a first aid kit. The University Safety Office is approved by the Health and Safety Executive to run training courses in first-aid which, on completion, allow a person to register as a First-aider under the First-aid at Work Regulations 1982. The initial course covers 4 days with a 2-day refresher course every 3 years. Alternatively, a much shorter course, lasting for 3 hours, teaches resuscitation and assessment of injuries. Further details can be obtained from the Safety Office on extension 4910. In the event of a serious medical problem, minibus drivers are advised to summon an ambulance by dialling 999. 9.3.3. Vehicle Fire. In the unlikely event of a fire on board a minibus the driver and/or the person in charge must have knowledge of in-vehicle fire procedures. Each minibus should carry a fire extinguisher and be fitted with a fuel cut-off switch. However, the prime concern must always be passenger safety and welfare. Should fire break out, passengers must be evacuated from the vehicle immediately and led to a safe place. Only then can fire-fighting attempts begin, and then only if the crew consider it prudent to do so. For advice on what to do in the event of a vehicle fire Box 5 Box 5 What to do if your minibus catches fire Stop immediately and switch off the engine. Leave the gear stick in neutral in case of accidental engine re-ignition. Engage fuel cut-off switch, if fitted. Get the passengers out and away from the vehicle, closing the vehicle doors behind them. Call the emergency services. If you have time, remove the ignition key, engage battery isolation switch if fitted, close all windows and, if you think there may be an engine fire, release the bonnet catch. Do not open the bonnet. Tackle the fire ONLY IF IT IS SAFE TO DO SO. When the emergency services arrive, inform them if there is a hazardous load on board, for example gas canisters. 9.3.4 Mechanical Breakdown Should a minibus break down on a highway the occupants are immediately at risk. For advice on what to do in the event of a breakdown on a highway other than a motorway see Box 6, for breakdown on a motorway see Box 7 Box 6 What to do if your minibus breaks down on a road other than a motorway Park as far to the left side of the road as possible in the safest possible position. If possible, get all the passengers out of the vehicle using near-side exits and keep them as far off the road as possible Do not cross the road or allow the passengers to do so. Ensure the hazard warning lights are turned on Deploy the warning triangle on the same side of the road 50 metres behind the vehicle Summon assistance Box 7 What to do if your minibus breaks down on a motorway If practicable, leave the motorway at the next exit and seek assistance. Otherwise, pull safely off the carriageway onto the hard shoulder. Try to stop near an emergency phone; they are one mile apart. You may coast along the hard shoulder to reach one. White posts positioned every 100 metres have an arrow indicating the direction of the nearest telephone. Park as close to the near-side of the hard shoulder as possible. Switch on the vehicle's hazard warning lights and, at night, switch on all other lights including saloon lights. If possible, get all the passengers out of the vehicle using near-side exits Keep passengers well away from the carriageway, preferably on the embankment. Do not cross the carriageway or allow the passengers to do so. Position the emergency warning triangle on the hard shoulder 150 metres behind the vehicle. Phone the police. The emergency phones are free and connect you directly with the Motorway Police Control Room. They will arrange any help you need. The emergency phones are coded so your exact location will be known. The information contained in Boxes 6 & 7 is general advice and your particular circumstances may justify an alternative course of action. For example, waiting outside the vehicle in mid-winter may be inadvisable, some passengers with disabilities may be unable to climb over the crash barrier to reach the embankment, and so on. You should therefore assess the situation, taking account of your individual circumstances and follow the safest course of action. 9.3.5 Action in the event of an accident In the event of an accident: the driver must stop the vehicle if any other person, or vehicle, or any fixed property or any domesticated animal is damaged or injured. the driver must give his or her own name and address, that of the vehicle’s owner and the registration number to any other driver, road user or pedestrian involved. where any person is injured or there is no exchange of details, the police must be informed as soon as possible, certainly within 24 hours. In addition to the details outlined, the police can be expected to ask for the driver’s licence and an insurance certificate for the vehicle, both of which may have to be produced at a police station of the driver’s choice within seven days. follow the safety advice in Boxes 6 or 7,as appropriate, and provide or obtain suitable assistance for anyone who has been injured. 9.3.6 Action to assist wheelchair users in the case of an emergency Wheelchair users will require extra assistance on the case of an emergency. In such an event follow the recommendations in Box 8 Box 8 How to assist wheelchair users in an emergency. If you are transporting wheelchair users in a lift-equipped vehicle the following methods are recommended in order of preference: Use the passenger lift. Even in a fire emergency it is the safest way for wheelchair users to evacuate a vehicle. If the lift cannot be used in the usual way but the vehicle has a relatively low floor, the lift may be positioned half way between ground and floor, and used as a step. In this case bring the passenger in the wheelchair out backwards. If the lift cannot be used at all and another person is available to help, the passenger should be lifted, while seated in the wheelchair, backwards through the vehicle door. If no other help is available, or the wheelchair cannot be released from its restraints, the passenger must be carried from the vehicle. Check with the passenger how best to carry them. If they are unconscious, drape their arms around your shoulders and, with their face to your back, carry them to safety. 9.3.6 Bad behaviour by passengers. Passengers have the responsibility of ensuring that their behaviour is of an acceptable standard which does not compromise the health and safety of themselves or other occupants of the vehicle, and which does not distract the driver in any way. Passengers must not be removed from the vehicle during the journey; being told to travel home by public transport, for example, is not acceptable. Produced by Safety Services – Cardiff University