MINIBUS HIRE POLICY

(April 2010)

INTRODUCTION

This web site sets out the procedures, and terms and conditions for hiring the minibus operated by Milton Parish Council.

Our minibus hire service is only available to non-profit making community and voluntary groups in Milton and the surrounding area.

The minibus is operated under the Small Bus Permit legislation. Milton Community Minibus is the registered holder of a Small Bus Permit, and every hire is carried out under the terms of the Permit. This means that:

• The minibus can only be hired by group members of Milton Community Minibus. An individual or a member of the general public cannot hire the minibus.
• All hires take place in the name of Milton Community Minibus.
• The minibus cannot be hired for activities (or as part of activities) that are profit making. This means that a private residential home, a private nursing home or a private nursery cannot hire the minibus.
• Whilst on hire, the minibus can only be driven by someone who is on the Milton Community Minibus Register of Drivers.

In some circumstances organisations holding their own Small Bus Permit will be able to hire the minibus using their permit.

It is important to realise we cannot guarantee that a member will be able to make all the bookings they would like.

MINIBUS

The minibus is fitted with removable seats to provide for additional space. These can only be removed and replaced by a person authorised by Milton Community Minibus

The saloon seats are fitted with inertia reel restraint systems. Passengers must use the available restraint systems at all times, unless they hold a medical exemption certificate.

The maximum seating capacity (including the driver) is 17.

The minibus is equipped with:

    A first aid kit.
    A fire extinguisher.
    A de-icer and scraper.
    Warning triangle
    Torch
    High visibility waistcoat
    The Milton Community Minibus Driver's Pack

The Milton Community Minibus Driver's Pack contains a copy of:

    Milton Community Minibus Information Card.
    Milton Community Minibus Hire Policy.
    MiDAS Minibus Driver's Handbook.
    Vehicle Manual.
    Local Road Map.

TERMS & CONDITIONS OF VEHICLE HIRE:

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GENERAL

1. Drivers and passengers are not allowed to smoke in the Milton Community Minibus vehicle. Milton Community Minibus reserves the right to refuse hires from groups who ignore this regulation, and reserves the right to levy a charge of £20.00 for clearing up debris caused by smoking.
2. Vehicles must be returned in a clean and tidy condition: all rubbish must be removed from the vehicle before the end of the hire. Failure to do so may result in a £20.00 surcharge being added to the hirer's invoice.
3. Milton Community Minibus reserves the right to ban a driver from driving the minibus should that person allow another person who has not been through the relevant Milton Community Minibus vehicle familiarisation and driver registration process to drive the Milton Community Minibus. In such circumstances, the driver(s) may be liable to prosecution.
4. Milton Community Minibus reserves the right to ban a driver from driving the Milton Community Minibus if there are reasonable grounds for believing that person knowingly failed to report any damage to, or accident involving, the Milton Community Minibus whilst it was in their care (i.e. during a hire).
5. Should a group fail to turn up for a booked hire, or give little or no notice of cancelling their hire, Milton Community Minibus reserves the right to levy a charge of £8.00 per day for each day cancelled.
6. Should a group persistently cancel their bookings, Milton Community Minibus reserves the right to levy a charge of £8.00 per day for each day cancelled, regardless of the length of notice given for the cancellation.
7. Milton Community Minibus reserves the right to reject, cancel or vary any booking if the purpose for which the vehicle is to be used is inconsistent with the aims, objectives or rules of Milton Community Minibus.
8. In the event of cancellation or change to a booking by Milton Community Minibus, no liability can be accepted for any loss, financial or otherwise, arising from our failure to provide a vehicle, and Milton Community Minibus cannot be held responsible for breach of contract in such circumstances.
9. Drivers should ensure that ALL doors are unlocked before allowing passengers to board the minibus.
10. You MUST be able to provide a contact telephone number that will be manned during the time of the hire. This is especially important for hires outside normal office hours. If you do not provide such a telephone number, Milton Community Minibus cannot be held responsible for any failure to inform you about any emergency or other problem associated with the hire.
11. Any fines during self-drive hires resulting from illegal parking (including misuse of a Blue Badge) will be passed onto, and are the responsibility of, the hirer. Milton Community Minibus reserves the right to make payment and then recover the amount from the hirer.
12. Any prosecution of a driver arising from the use of Milton Community Minibus will be the responsibility of the hirer and/or driver. This includes any charges against a driver arising from vehicle defects.
13. Drivers must not drive whilst under the influence of drugs or alcohol.
14. Drivers must not indulge in dangerous driving, or abuse the vehicle.
15. Drivers must inspect the vehicle before and after each hire, and note down any damage or fault on the log sheet.
16. The hirer is responsible for maintaining correct oil and water levels, and correct tyre pressures, during the period of the hire.
17. The hirer may be liable for the cost of replacing a tyre if it is damaged beyond repair due to kerbing, or being driven on whilst it is flat or punctured.
18. The minibus must be returned no later than the previously booked time. Should an unauthorised late return of a vehicle result in another group being unable to hire the vehicle at the time they booked, any resultant financial liability may be passed on to the first group. Wilfully keeping a vehicle beyond the booked time can be construed as taking the vehicle without the owner's consent. In such cases, Milton Community Minibus reserves the right to take any appropriate action to recover the vehicle. Milton Community Minibus reserves the right to levy an additional surcharge of £10.00 per hour (or part thereof) in the event of an unauthorised late return of a vehicle. Milton Community Minibus reserves the right to refuse hirer requests from groups who are persistently late in returning vehicles.
19. Receipts for fuel, oil or minor repairs incurred during the hire must be returned to the Milton Community Minibus coordinator, together with the log sheet and vehicle keys. Failure to do so will result in these costs NOT being deducted from the invoice.
20. Any accident or damage to the vehicle must be notified to Milton Community Minibus as soon as possible.
21. Engine damage resulting from the wrong type of fuel being used while on hire will be the responsibility of the hirer, who will have to pay the full repair costs.

SMALL BUS PERMIT OPERATION

Technically, because all hires take place under the auspices of our Small Bus Permits, every hire is considered to be the supply of transport with a driver. However, for the sake of clarity, when the hirer nominates a driver from our Register of Drivers, this is referred to as self-drive minibus hire.

REGISTER OF DRIVERS

Anyone driving the Milton Community Minibus must be on the Milton Community Minibus Register of Drivers.

Entitlement to drive the Milton Community Minibus is partly determined by the date when a driver passed his/her UK manual car driving test. Drivers who passed the test before 1 January 1997 have an automatic entitlement (until the age of 70) to drive a minibus with 9-16 passenger seats. The old style of driving licence will show a driving entitlement of category A (cars). The new style of driving licence will show category B (cars) and D1 (9-16 passenger seat minibuses).

Drivers who passed the test after 31 December 1996 are required to pass a further driving test in order to gain entitlement to drive a minibus with 9-16 passenger seats (category D or D1 on the new style driving licence). A driver who passed the manual car driving test after 31 December 1996, and who has subsequently passed a further driving test, which gives an entitlement to drive category D, or D1 vehicles, is required to have held his/her driving licence for a minimum of 1 year.

However, under certain circumstances, a driver may drive such a vehicle without the need for such a test.

These circumstances are that:

1. The driver has held a full driving licence, with entitlement to drive a car (category B), for at least two years.
2. The minibus is used for social purposes by a non-commercial body.
3. The driver is providing his/her services on a voluntary basis (i.e. unpaid except for reimbursement of expenses).
4. The gross (i.e. laden) weight of the minibus is not over 3.5 tonnes (or 4.25 tonnes if the vehicle has a passenger lift and is capable of carrying people with disabilities).
5. No trailer is towed.

A driver who wishes to drive under the above exemptions will be required to sign a statement certifying that s/he meets the requirements set out above.

When a driver reaches the age of 70, entitlement to drive a minibus with 9-16 passengers is lost unless s/he passes a medical.

In addition, a driver must:

Milton Community Minibus reserves the right to refuse any driver that they believe may be unsuitable

It is strongly recommended that drivers undertake MiDAS training.

MiDAS is the UK national standard for the assessment and training of minibus drivers. For more details, please see the Community Transport Association web site.

VEHICLE FAMILIARISATION

A driver who has been accepted by Milton Community Minibus will (subject both to having D1 driving entitlement and to what follows) be eligible to drive the Milton Community Minibus. Because of the varying levels of equipment on different minibuses, and particularly because some minibuses are significantly longer and wider than others, a vehicle familiarisation will be required before a driver can drive a vehicle other than the one in which the MiDAS on-road assessment was carried out (if applicable).

Very often, a vehicle familiarisation will include a short on-road session and require the successful completion of a reversing manoeuvre. If either of the on-road components of the vehicle familiarisation, or the reversing manoeuvre, is not completed satisfactorily, the driver will not be allowed to drive the minibus. Vehicle familiarisation should always be pre-booked.

INSURANCE

The Milton Community Minibus is driven under insurance arranged by Milton Community Minibus.

Insurance cover may be invalidated if any of the information contained on the Milton Community Minibus driver registration form is subsequently found to be false or inaccurate. Any material changes to the information on a driver's licence must be notified to Milton Community Minibus before that person next drives the minibus. Similarly, should a driver have an accident whilst driving any motor vehicle after his/her name is entered on the Milton Community Minibus Register of Drivers that fact must be disclosed to Milton Community Minibus before that person next drives the Milton Community Minibus.

Milton Community Minibus reserves the right to remove a person from the Register of Drivers if:

That person is involved in a serious own-fault accident.

That person has more than one minor own-fault accident in any 12 month period.

In all such cases, Milton Community Minibus shall be the sole arbiter when determining whether an accident is serious or of a minor nature.

Milton Community Minibus may, at their discretion, accept a driver who has current endorsements on his/her licence. However any additional excess that may be charged by the insurers will be payable by the hirer, should a claim arise.

In the event of an accident, the hirer will be liable for any insurance excess payable.

The minibus must not be used for the carriage of goods.

Should a driver provide false or inaccurate information at the time of registering with Milton Community Minibus, and insurance cover is consequently invalidated, Milton Community Minibus reserves the right to take legal action against the relevant parties.

Drivers must notify Milton Community Minibus of any changes in the circumstances relating to their driving licence (including changes in health) that occur after they have completed the insurance form.

PASSENGER SAFETY

We recommend that lifting & handling of passengers in our minibus should only be undertaken by individuals who have received training in the relevant techniques.

When a passenger requires to be lifted, a basic risk assessment should be undertaken. Some of the factors that should be considered include:

Is a lift necessary and appropriate?

The weight of the passenger and the nature of their disability.

The training undertaken by the relevant individuals, and the information that is available to them.

Are lifting aids available?

What practical steps are in place to minimise the risks involved?

It is the hirer's responsibility to assess each passenger's ability to use the steps when boarding or alighting from the minibus. Similarly, it is the hirer's responsibility (where applicable) to assess each passenger's ability to transfer safely from a wheelchair to a seat in the minibus, and from such a seat to a wheelchair.

CHILDREN

It is a requirement that all children (up to 16 years) wear seatbelts.

Remember that young children are required to use appropriate seating. At present Milton Community Minibus does not provide baby carriers, child seats or booster cushions.

If your group is a voluntary child care organisation and your driver (either paid or unpaid) is likely to have substantial unsupervised access to children whilst driving the minibus (i.e. you will not be providing at least one other adult passenger), you are recommended to consider requesting the Criminal Record Office to provide you with information about that person under the Criminal Conviction Information Scheme.

With effect from 18th September 2006 the Department for Transport introduced new car seat regulations. The Community Transport Association advises us that these regulations do NOT currently apply to minibuses. However the Milton Community Minibus committee recommend the use of an appropriate child seat where the child is up to 135cm in height or under 12 years of age. Please see this web site for further information.

Remember that young children are required to use appropriate seating. At present Milton Community Minibus does not provide baby carriers, child seats or booster cushions

MAKING A BOOKING

1. In general, and subject to availability, the minibus can be booked for any period up to seven days. Bookings for longer periods may be accepted at the discretion of the Milton Community Minibus co-ordinator.
2. Should you wish to renew a block of regular bookings, please do so in writing: we do not issue reminders when such bookings are about to expire. We try to maximise the opportunities for members to make their bookings: therefore, renewals of regular bookings cannot be guaranteed.
3. Regular bookings for a vehicle can be made in blocks of up to three months, and can be booked up to four weeks in advance.
4. Bookings for vehicle hires are only accepted from members of Milton Community Minibus. It is the responsibility of the member, not Milton Community Minibus, to ensure that bookings made in the name of the member are made by authorised personnel (e.g. by using an Order Form). A member is responsible for the payment of any hire, accepted in good faith by Milton Community Minibus, booked in its name.
5. All accounts must be paid promptly. Invoices are sent out at the end of each calendar month (unless otherwise agreed), and must be paid within 30 days. Milton Community Minibus reserves the right to refuse bookings to any group whose account is overdue. Non-payment of invoices will result in loss of membership.
6. The invoice for any particular hire will be the responsibility of the hirer.
7. Bookings are subject to vehicle availability. One-off bookings can be made over the telephone or, if you wish, in writing. Requests for regular bookings MUST be made in writing and should state dates, times, vehicle required, seating capacity, etc.
8. It is important that careful consideration is given to the times for which you wish to hire the vehicle, especially the return time. This is to ensure that you have the vehicle long enough to complete your journey, but also that you do not keep it unnecessarily when other groups could be using it. If, for example, you have booked a vehicle until 5.00 p.m., then it must be returned by this time as another group may be waiting to start an evening hire. Furthermore, the vehicle may require to be fuelled, or seats may need to be removed/replaced. If you think you may be unavoidably delayed in returning the vehicle, please telephone the Milton Community Minibus co-ordinator.
9. Wilfully keeping a vehicle longer than the pre-booked return time will render the hirer liable to financial (or other) penalties. When there is an accident or breakdown, this does not apply.

USE OF TOWBAR

If you wish to drive a minibus with a trailer attached you should first seek training in how to drive safely when towing. Towing a trailer requires training - particularly in the art of reversing.

A trailer should not cause the vehicle's Gross Train Weight to be exceeded. This is the maximum weight allowed for the minibus and its load, together with the trailer and its load and it represents the effective limit of the minibus braking system.

Further restrictions exist depending on whether using a braked or unbraked trailer with one or more axles. In addition, the tow bar fixing point and the strength of the trailer coupling will have maximum capabilities. Your trailer supplier should be able to make this clear.

Luggage needs to be positioned around the centre of the trailer. On some trailers, there is a manual load-operating valve, which adjusts the brake setting.

With the trailer in position and loaded it must still be possible to open the rear doors and exit from the vehicle.

The tow bar should not be used without the prior consent of Milton Community Minibus.

VEHICLE BREAKDOWNS

A Breakdown Organisation covers the Milton Community Minibus. This includes "Home Start" and "Recovery". The MiDAS Minibus Driver's Handbook contains general details about what to do in the event of a breakdown or accident. More specific information is provided on the Milton Community Minibus Minibus Information Card.

OFF-ROAD USE

The Milton Community Minibus should not be driven "off-road". If a driver causes loss or damage to the Milton Community Minibus by going "off-road", the costs of any necessary repairs will become the hirer's responsibility.

HIRER CHARGES

Please see separate tariff details.