§ Lord Faulkner of Worcesterasked Her Majesty's Government:
Whether teachers may drive school minibuses as "volunteers" without having gained a Dl entitlement on their licence, by passing an appropriate test and reaching the required medical standards. [HL4985]
§ Lord Davies of OldhamThere are two separate circumstances in which a driver is able to drive a minibus without needing to pass a specific test for the category of vehicle, or to meet the higher medical standards required of drivers of passenger-carrying vehicles (PCVs). Drivers who obtained full category B (car) entitlement before 1 January 1997 were also granted Dl (not for hire or reward) minibus entitlement. Volunteers driving a minibus for a non-commercial organisation and not for hire or reward are exempted from the requirements, provided that specific criteria are met.
Although both the above exemptions are conditional on the vehicle being used "not for hire or reward", there is no definition in domestic legislation of "hire or reward". It is not for my department to judge whether a teacher's contract of employment and the circumstances surrounding the use of the vehicle constitute hire or reward. Each individual case would need to be considered according to the intended use of the vehicle and the contractual arrangements that are in place between the employer and employee. Ultimately, only a court of law could provide a definitive view of a particular case.