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View Full Version : Driving Guests in your car unlicensed is illegal!


joyful
01-08-2009, 12:07 PM
Many B&Bers are unaware that driving guests about in their cars - when they don't hold a proper taxi licence - even "just to the train" even for "free" is illegal. Were there to be an accident they would get the book thrown at them (and most accidents happen close to home apparently anyway). It is considered a "favour" (in relation to their B&B business) to give a lift and still against the law. Taxi drivers pay huge fees and undergo tests to be licenced. It is mean to nick their trade and can get a B&Ber into terrible trouble if caught doing it and if there was an accident. Guests may be only too pleased to get a free ride. Watch how they would change should you have an accident and then want to claim of your insurance which would not be valid unless you have a proper licence & insurance. No one would be offended if you said you couldn't give them a lift as you are not insured to drive them.

greenbarncottages
25-08-2009, 01:36 PM
This is an interesting topic!

I found some more information on another tourism website, which gives a bit more insight:

If, very occasionally, you offer to pick up a customer, or drop them at a particular place, in your own, ordinary car (less than eight passenger seats), then, provided you don’t make any charge, either directly or indirectly and these really are one-off occasions you won’t need a special licence (though you should make sure that your motor insurance covers Business Class 1, 2 or 3 - most motor insurers offer this, see below for more on insurance).

VOSA’s guidance (VOSA is the Vehicle and Operator Services Agency) states:

“Small vehicles suitable for carrying 8 or fewer passengers

(a) if you give lifts in a car, or take part in a social car scheme run by a local authority, you can charge people enough to cover your running costs (plus general wear) and your car will still be treated as a private vehicle, not a taxi, hire car or PSV”

Be aware though that this exemption was really intended for car-sharers. If you pick up or drop of customers with any regularity or frequncy, or the customers couldn’t be customers of your business without your offer of transport then you must be licenced.
There are a couple of critical terms in here, which are "very occasionally" and "one-off", so if you give a guest a lift because their car has broken down or similar, not a problem (although your car must be insured for business use).

Where I start to see a problem is if we were to offer to collect arriving guests from a station, where this could well fall under the category of providing a service without which the guests wouldn't be able to book. This does indeed seem to require a taxi type of licence, and appropriate insurance, both expensive.

So although the situation may not be quite as restrictive as originally siggested, it's not far short and would be an easy trap to fall into; thanks Joyful for flagging this!

Raincliffe1
25-08-2009, 03:27 PM
Interesting bit of information Greenbarn - I think in light of this we will have to alter our hotel information offering this service and restrict in to purely one offs. In the past we have offered our guests a free of charge tour around the town, perhaps we can still do this, but the once a week pick up/drop off at the railway station when we have a quiet moment... seems to be curtains for that.

Katherine

joyful
25-08-2009, 07:23 PM
Thanks for the further info. I gather a "one off" as "I am driving to town and your car is broken so you can come too" is OK but in this litigious world I wouldn't risk it.

Sue: White Horse Walking Holidays
29-08-2009, 01:07 PM
Well, I have spent many hours reading up on this and as a result have just completed an application for a restricted PSV licence. The initial cost is £155 and then there are some annual extras but the legislation on that is in the process of changing. I don't think it's very much in the grand scheme of things, once the initial fee has been paid.

There's lots of info here: Carrying passengers (http://www.tourismnortheast.co.uk/site/business-toolkit/rules-and-regulations/carrying-passengers-and-transporting-luggage)

I thought I had checked everything when I started my business but was unaware of this aspect, as I imagine many people are. Perhaps there should be something about it included on this website.

Sue: White Horse Walking Holidays
10-09-2009, 04:03 PM
Quick update: I had a call from the licence people who seemed rather surprised I was applying. The upshot is I would need an MOT-type examination of the vehicle every 10 weeks as well as providing all sorts of other info and was advised it wasn't really appropriate. It would probably be cheaper to arrange concessionary taxi rates than go through all the expense and hassle just to provide lifts for a few people a year.

Sue: White Horse Walking Holidays
22-09-2009, 02:49 PM
I see clarification has now been added to the site - thank you.

joyful
25-09-2009, 07:06 PM
I also see clarification has been put on the web site (so someone reads all this at HQ then!). Well, all Councils are different and knowing how some people can "turn", I really wouldn't want to be in a crash with a customer of any description in the back! Bearing in mind I wrote my car off this year just outside my house - shortly after really upsetting a customer who thought it their "God Given" to be collected from the station!! I have never been so glad I said "NO". A very difficult word sometimes to have to use in this business.