A number have people have asked questions about Volunteer Cornwall Drivers doing school contracts, so I contacted the Council to clarify a number of points, and this is the response I got from the CETO at the council. Hopefully this will put things into perspective for you:
Are the drivers required to be licensed in the same way as Hackney/Private Hire drivers ?
“No, Volunteer drivers are not acting as licensed taxis but as contractors for the Council, as has been explained above.”
Are they required to undergo the same three yearly medical examination?
“No, but must be medically fit to carry out required duties.”
Are they required to undergo both the DBS checks, i) Taxi driver/ private hire driver & ii) Vulnerable adults etc DBS?
“Volunteers have one DBS which is that entitling them to work with children and vulnerable adults. The Passenger Transport Unit has long called for taxi operators to have the one DBS to cover all aspects of their work.”
Are they required to have either the NVQ Taxi or undergo the new council modules relating to contracts?
“Their Training is delivered by Volunteer Cornwall and meets the standards set by the Council. Training for bus and coach drivers is delivered by their organisations as part of their legally required Driver Certificate of Passenger Competence Training and again meets the approval of the Council in meeting standards. It is only because Training does not form part of the Taxi Licensing process, that the Passenger Transport Unit finds it necessary for Training to be given to taxi drivers when undertaking a service under contract to the Council.”
Are the vehicles being operated required to undergo the same half-yearly MOT/Council criteria testing to ensure suitability and safety in higher mileage conditions?
“No, Volunteers are not plying a trade as a taxi, covering many thousands of miles every year, they are providing carriage between destinations under contract for either school or social care transport.”
If the drivers are operating on a mileage expense claim basis, a) is there a nationally recognised maximum rate per mile they can charge?
“The nationally recognised maximum rate is 45p per mile which is the tax threshold for Hire or Reward.”
b) if there is a surplus remaining once this allowance has been deducted from the amount charged to the council for the service would this not be classed as a hire and reward situation?
“Drivers are paid at 42p per mile thus below the tax threshold. Volunteer Cornwall charge an admin fee over and above the monies to be paid to their Volunteer Drivers, and this is taxable.”
“Cornwall Council utilises many modes of transport to effect travel for its residents – this is a Council ruling, not one conjured up by the Passenger Transport Unit, who are merely agents of the Council. The Council utilises local bus services, closed contract buses, rail, taxis – both Hackney Carriage and Private Hire, Ferries, as well as Community transport and volunteer drivers – indeed whatever mode of travel it can procure to deliver the service required to the standard required and at an acceptable cost.”
“All people engaged on services under contract to the Council must meet the legislative standard required of their status. So bus operators must have the necessary PSV Operator Licence, taxi operators the necessary HC and/or PH Operator Licence, Community Groups the necessary Permits and Volunteers being affiliated to either Volunteer Cornwall or AgeUK. All must have necessary DBS clearance and must have attended required Training given either by the Council or another authorised organisation.”
“Cornwall Council, like just about every other Local Authority across the country, is facing unprecedented budget pressures. Transport costs across Cornwall, in particular those for taxi provision, have risen to such heights that alternatives need be investigated and considered. The use of volunteer drivers is, as I have said, an oft asked question; however without their use at this time, Cornwall Council would not be able to cover all of its transport requirements and indeed could ill afford to do so. At this time, therefore, I do not foresee the practice of using volunteer drivers ceasing.”