Heritage Bus Services and Heritage Railways

[roythebus]

As a commercial operator of "heritage" buses, could I use this forum as a reminder to anyone thinking of running a heritage bus service to take note and consider the legal implications and requirements of doing so. I, like many others, don't want to be tarred with the elfensafetea/more paperwork etc brush, but there are wide-ranging implications.

 

I recently started what was to become a lengthy topic on the Routemaster Owners Forum about this and it produced a lengthy discussion.

 

Basically, any bus (over 8 seats) used for the carriage of passengers for hire and reward MUST have a current Certificate of Initial Fitness; be taxed as a BUS, not Historic nil rate; display a current PSV operators disc; have a current class 6 test certificate, be insured for hire and reward use, be driven by a driver who holds the appropriate licence and if not on a registered service, must use a tachograph. (pre 1960 vehicles will be exempt from annual testing from November 2012 regardless of use)

 

What is hire and reward? The definitive answer can be found in a case known as Rout v Swallow hotel. Basically, a hotel in London used a coach as a courtesy bus for their guests, no Operators licence etc. as no fares were being charged or collected. The ruling was that part of what the hotel collected in room charges/restaurant takings etc. went to pay for the coach, therefore it was used for hire and reward.

 

Move this to a preserved railway free bus service: passengers buy a platform ticket to enter the railway, free bus takes them on a ride. who has paid? Free bus has a donations box to help with the upkeep of the bus; this is hire and reward. Has the railway paid for the running cost of the bus? If so, it's hire and reward. A vintage bus used for railway replacement during engineering work: passengers need a railway ticket to board the bus, hire and reward.

 

It does not matter whether the railway or the bus owner/driver/operator gets some benefit of whatever kind, it is hire and reward. Only a genuine free service, open to absolutely anyone where no money/donations/free diesel etc is offered can be run without the above requirements.

 

My question to the railway operators, would you let a person who was not properly qualified drive a steam loco that wasn't insured, didn't have a current boiler certificate, out on YOUR line? Probably not, so why let "the man on the Clapham Omnibus" drive said omnibus without checking their credentials. It could be your managers and directors who are hauled on a corporate manslaughter charge if one of the free buses you organised was involved in an accident.

[AMJ]

Many railways do not realise that drivers are regulated by the number of hours they can work for before they have a "rest break". On long runs from say Leeds to Llandudno when dad was a coach driver he would always make a stop at Lymm Services so he could get a break and it is good for the passengers to stretch legs and visit a proper loo. Heritage railways need to bear this in mind when designing the bus timetable unless the vehicle has 2 drivers, but this has its costs.

 

Two friends went out in a car to work out the route for a bus service and they realised there are problems with large vehicles. Low bridges, width restrictions, awkward corners, weight restrictions and the general speed differences of large vehicles.

 

Just look how many big vehicles have come a cropper in Beddgellert on that road bridge over the river with the very tight turn. SatNav designed for cars are no good when route planning for these types of vehicles.

 

Many drivers need valid categories to driver certain buses/coaches, have an O licence and may even need to be a holder of CPC as mentioned by Roy.

 

A good rule of thumb is only hire a driver & vehicle if they regularly run for "hire & reward".

[RANGERS]

There are certain other restrictions applied to the vehicles used for hire and reqard if they're registered after 2001, hardly likely to apply to "Heritage" services or vehicles but worth consideration if you're using more modern vehicles. If the vehicle has 22 seats or more and employed on scheduled services (as a rule of thumb if fares are collected on the vehicle or if it's registered as a service with the licensing authority, it's classed as scheduled service), they're also governed by the requirements of the disability discrimination act which requires wheelchair access for "buses" (basically anything with standees); and approved destination displays and handpoles for buses and coaches (coaches not having any standing passengers). On vehicles built after June 2004 and/ or registered after January 2005, they're all required to have wheelchair access.

[melmerby]

There are certain other restrictions applied to the vehicles used for hire and reqard if they're registered after 2001, hardly likely to apply to "Heritage" services or vehicles but worth consideration if you're using more modern vehicles. If the vehicle has 22 seats or more and employed on scheduled services (as a rule of thumb if fares are collected on the vehicle or if it's registered as a service with the licensing authority, it's classed as scheduled service), they're also governed by the requirements of the disability discrimination act which requires wheelchair access for "buses" (basically anything with standees); and approved destination displays and handpoles for buses and coaches (coaches not having any standing passengers). On vehicles built after June 2004 and/ or registered after January 2005, they're all required to have wheelchair access.

Somewhat off topic, but interestingly you do not need to use "Wheel Chair Friendly" buses on a newly registered commercial service. An operator can buy a 20 year old bus and use that!

The reason I know this is that we have had a new operator/route start up partly in competition with a CC contracted service (which under the terms of the contract had to observe the DDA) and as such has caused the subsidy to be withdrawn and the incumbent try and run it commercially. The "new" operator's vehicles are all pre 2001 (some are ex WM Metrobuses), the incumbent all post 2004.

 

Keith

[The Stationmaster]

Roy presumably this also applies to 'vintage 'buses' used to provide linking services to model railway exhibitions? If the exhibition organiser pays anything towards the provision of the 'bus then it would presumably count even if it's a 'here's 20 quid towards your fuel costs' approach to 'payment'. So would it be a good idea to somehow expand the heading to include model railway exhibitions in order to help[ alert folk with that sort of interest?

[R A Watson]

The first definitive judgement on this was "Regina v The Dorset Transport Circle" in the early '70's .

 

The trial judges ruled that as the members of the circle paid a subscription to the society, a part of which could be used towards the maintenance or operation of the society owned vehicles, the operation of carrying members would come under the heading of "hire or reward" under the meaning of the relevant legislation and such arrangements as were necessary should apply.

 

The nominal defendants (Officers of the society) were given conditional discharges as it was considered that setting the legal precedent was the principal reason for bringing the case.

 

This was the reason why we ( the 373 Plymouth preservation group) never charged either the members or organisation of the Plymouth Railway Circle and others when conveying them in our vehicle on awaydays.