The DSA clarify minibus instructor qualification rules

The DSA (Driving Standards Agency) recently published a clarification of the rules concerning those who acted as instructors of minibuses (D1), their legal standing as instructors and forthcoming changes planned for 6 April 2010.

 

Supervision of C1 and D1 learner drivers (including vehicle plus trailer combinations)

Clarification of the rules

We intend to clarify the supervising driver rules in respect of holders of some pre-1997 licence's who accompany learner drivers in a category C1 or D1 vehicle (including vehicle plus trailer combinations) We consulted on this in 2007 and subsequently announced changes would be introduced – but not earlier than 6 April 2010.

Drivers who passed the car driving test before January 1997 were granted implied entitlement, sometimes known as 'grandfathers rights' to drive small lorries, buses and vehicle plus trailer combinations (categories C1, C1+E, D1 and D1+E) subject to certain restrictions.

It was never the intention to allow learner drivers to drive a vehicle on public roads unless being supervised by a qualified driver who had passed the test for that category of vehicle.

There are road safety issues involved where a person who has never passed the relevant driving test acts as the supervisor for a driver in a category C1 or D1 vehicle (including vehicle plus trailer combinations).

These changes will not affect a person's existing entitlement to drive C1 or D1 vehicles or vehicles plus trailer combinations. They will make it illegal for anyone to act as a supervising driver in such vehicles if they only hold pre – 1997 implied entitlements.

The consultation outcome will result in revised requirements for the supervising driver (also known as the accompanying driver) in category C1 or D1 vehicles (including vehicle plus trailer combinations).

They must:

• hold a full (i.e. not implied) entitlement for the category of vehicle being driven by the provisional licence holder,

• have held that entitlement for the relevant period of time – usually 3 years.

Impact on driving instructors and trainers

Instructors who currently rely on implied entitlements, and want to continue to act as an accompanying driver in the above-mentioned vehicle categories after the change is introduced, must pass the relevant driving test(s) before 6 April 2010.

We will ensure that such people are considered to meet the requirements relating to the length of time that the full licence must have been held – usually 3 years – from the date of the change to enable them to continue to act as the accompanying driver.

If they pass the relevant driving test(s) after 6 April 2010, they will have to wait until they have held their new entitlement for three years before they can act as the supervising driver.

Source: DSA Despatch magazine June 2009 page 8

 

Support your minibus road safety policy, avoid being fined and stay legal

If you do not have a D1 (Minibus) category on your licence, obtained through successfully passing a separate PCV practical driving test, it will be illegal for you to act as a supervising driver.

This clarification is also supported by the DVLA (Driver and Vehicle Licencing Agency) concerning driving assessments undertaken by drivers who have only passed car driving test. This includes drivers who hold a D1 category on their licence through passing a car test before 1997 with the "101" restriction code.

As highlighted there are also road safety issues involved where a proclaimed instructor who has never passed a separate D or D1 (Bus, Coach or minibus) driving test attempts to professionally instruct to a standard which they themselves have not reached.  

Despite good intentions, many car-licenced drivers still act as instructors, assessors or trainers through voluntary based minibus driving schemes, despite the fact that the standard for driving a minibus still remains higher from that of a car.

Therefore, anyone who takes their minibus road safety policy seriously should consider professional training from a qualified driving instructor specialising in minibus training.

Supporting an unqualified assessor trainer is likely to result in sub standard training in addition to aiding and abetting their illegal practice. Furthermore, if an unqualified instructor or assessor trainer supervised you or your drivers, then you or the learning driver could be, on conviction fined up to £1,000 and invalidate your insurance.