Working Conditions are Safe & Hygienic

What you must do - Law 8

Transport - all workers

  • All drivers who drive vehicles are required to have a valid driving licence.
  • Vehicles such as mini-buses used to transport workers to and from premises where they are working should be in a safe condition (roadworthy) and driven by qualified drivers only
  • Drivers on EU licences can now use these for up to 3 years before having to apply for a UK licence.
  • A vehicle licence and, where appropriate, a current MOT certificate are required.
  • Appropriate Insurance, which depends on the type of vehicle, is required.

PSV Licenses:

  • When transporting workers to and from work for ‘hire and reward[1]’ the vehicle must be registered as a Public Service Vehicle (PSV), and the driver must have a PSV licence.
  • Any vehicle used for the carriage of passengers for payment is deemed to be a Public Service Vehicle.
  • If the vehicle is constructed to carry fewer than nine passengers in addition to the driver, the vehicle falls within the ‘Taxi’ classification of the definition of a PSV, but is still liable for registration and licensing.
  • If the vehicle is used for transporting workers for Labour Providers, the vehicle is always considered to be used for ‘hire and reward’ and is therefore considered to be a PSV and is liable for registration and licensing.

PHV Licenses:

  • This section is relevant if you transport workers to work in vehicles with 8 passenger seats or less or if you require or allow your staff to take workers to work in their own cars whether in return for a fee or not or workers take workers to work in their own cars in return for a fee.
  • If any of these are the case, the vehicle should be registered as a Private Hire Vehicle (PHV) and the driver should have the relevant license.
  • There is no restriction on the amount of time that the contract will last in order for the relevant vehicle to require a PHV license. This has been repealed with effect from the 28th January 2008.
  • If workers are paying individual fares for their transport, it is unlikely to be regarded as a PHV and therefore the licensing will not apply. However, it will be considered to be a PSV and therefore the operator will require the relevant license.
  • If workers are not paying any fare for the transport, it is still deemed to be operating for ‘hire and reward’ and therefore a PHV license may still be necessary.
  • The Department of Transport guidance states "it is a matter for local licensing authorities to make decisions on what the law requires in particular cases, seeking their own legal advice where necessary. Organisations that may be affected...should also consider seeking their own independent legal advice"

[1] The term 'hire and reward' would apply if you charged workers for this transport or if the company is a Labour Provider. For further clarification you should contact VOSA and the DVLA.

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