Catagory D1 Question!

global:
are these guests effectively paying for the bus trip or not?

Yes, they are paying indirectly. Even if they don’t use the service.

macplaxton:

global:
are these guests effectively paying for the bus trip or not?

Yes, they are paying indirectly. Even if they don’t use the service.

If the contract they enter into does not state that it includes the service then they are NOT deemed as paying for it

ROG:
If the contract they enter into does not state that it includes the service then they are NOT deemed as paying for it

Contract could be written or implied. Guests pays for hotel > Hotel pays driver > Driver drives minibus for guests. Any beak would come to that conclusion.

I’m glad you’re not a solicitor Rog! :laughing:

macplaxton:

ROG:
If the contract they enter into does not state that it includes the service then they are NOT deemed as paying for it

Contract could be written or implied. Guests pays for hotel > Hotel pays driver > Driver drives minibus for guests. Any beak would come to that conclusion.

I’m glad you’re not a solicitor Rog! :laughing:

I wnet through this a few years ago and providing nothing in the law has changed then I am correct - I will try and find the letter I got on this issue from the DfT and post it because it made things very clear

But surely if the drivers getting paid or rewarded in any other way it doesn’t matter whether the passengers are paying or not does it ?

tachograph:
But surely if the drivers getting paid it doesn’t matter whether the passengers are paying or not does it ?

that issue was what the DfT letter addressed

I remember one example was a council community contract where the driver was supplied by an agency - although the driver was being paid by a third party the minibus could be driven on a D1 101 because the legal remit is in what the minibus is being used for

Its a bit like whether a driver comes under EU or domestic regs - the vehicle usage determines what it is

Ah go on Rog, dig this letter out. Tachograph is waiting with his

:laughing: