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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Minibus Safety, Maintenance, and Operation Policy

1. Purpose

The purpose of this policy is to ensure the safe operation, maintenance, and management of the minibus used by {{org_field_name}} to transport service users and staff. This policy aims to:

• Provide clear guidance on safe driving, maintenance, and risk management.
• Ensure compliance with CIW regulations, DVLA licensing rules, and the Road Traffic Act.
• Protect the safety and dignity of service users during transportation.

2. Scope

This policy applies to all drivers, staff, and service users who use the minibus for transportation. It covers:

• Driver eligibility and responsibilities
• Vehicle safety checks and maintenance
• Emergency procedures
• Safeguarding service users during transport
• Regulatory compliance

3. Legal and Regulatory Compliance

The service provider will operate and manage the minibus in accordance with all legislation and regulatory requirements applicable to the vehicle, its drivers, the individuals being transported and the way in which the transport service is provided.

Relevant legislation and regulatory requirements include:

• the Regulation and Inspection of Social Care (Wales) Act 2016;
• the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, including requirements relating to the standard of care and support, staffing, staff competence and training, facilities and equipment, health and safety, records and notifications;
• statutory guidance issued by the Welsh Ministers under section 29 of the Regulation and Inspection of Social Care (Wales) Act 2016;
• the Social Services and Well-being (Wales) Act 2014, where relevant to the care and support, safeguarding and well-being of individuals;
• the Road Traffic Act 1988 and associated road traffic legislation;
• the Road Vehicles (Construction and Use) Regulations 1986, as amended;
• applicable driving licence requirements administered by the Driver and Vehicle Licensing Agency;
• applicable vehicle testing, roadworthiness and operator requirements administered by the Driver and Vehicle Standards Agency;
• applicable requirements relating to drivers’ hours and working time; and
• where the operation of the minibus falls within the relevant statutory definitions, legislation governing public service vehicles, passenger transport permits and the carriage of passengers for hire or reward.

The service provider must establish the legal basis on which the minibus is operated, including whether journeys amount to carriage for hire or reward and whether an operator’s licence, permit or other authorisation is required. The service provider must ensure that the vehicle is operated only within the permissions applicable to the service and that every driver holds the appropriate driving entitlement for the vehicle and the circumstances in which it is being driven.

The service provider must ensure that risks to the health and safety of individuals arising from the use of the minibus are identified and reduced so far as reasonably practicable. The minibus and any associated equipment must be suitable and safe for its intended purpose, used safely, properly maintained and, where applicable, stored appropriately.

This policy and the procedures supporting it must be reviewed and updated where necessary to remain consistent with current legislation, statutory guidance, CIW requirements and the service’s statement of purpose.

4. Driver Requirements and Responsibilities

Only drivers who have been formally authorised by {{org_field_name}} may drive the minibus.

Before authorising a person to drive, {{org_field_name}} must verify and record that the driver:

• holds a current and valid driving licence containing the entitlement required for the particular minibus and the circumstances in which it will be operated;
• satisfies any age, licence-holding period, vehicle weight, medical and other conditions that apply to that driving entitlement;
• is legally entitled to drive the vehicle where the journey is made in the course of their employment or other paid duties;
• is covered by the vehicle’s insurance for the proposed use;
• is suitably trained, skilled, competent and experienced to drive the vehicle safely and to meet the needs of the individuals who will be transported;
• has received appropriate instruction and competency assessment in the use of any wheelchair lift, ramp, wheelchair restraint, occupant restraint or other specialist equipment that they are expected to operate; and
• remains fit to drive and has informed the service immediately of any relevant change to their driving licence, medical fitness, driving entitlement, disqualification, endorsement or other matter that may affect their ability or legal authority to drive.

A category B driving licence must not be treated as automatically authorising a member of staff to drive a minibus. Where reliance is placed on a statutory concession permitting the holder of a category B licence to drive a minibus, the service provider must verify before the driver is authorised that all conditions of that concession are satisfied, including requirements relating to the driver’s age and licence history, the purpose for which the vehicle is being used, whether the driver is driving on a voluntary basis, the permitted maximum vehicle weight and any restrictions on payment or other consideration.

Where category D1, D1 with restriction code 101, passenger carrying vehicle entitlement, a permit or a public service vehicle operator’s licence is required because of the vehicle or the manner in which the service is operated, the minibus must not be driven unless the applicable requirements have been met.

The service provider must determine which statutory drivers’ hours, rest-break, working-time and recording requirements apply to the particular operation. Drivers must comply with the applicable legal requirements and must not drive where fatigue, working hours, medication, illness or any other factor could make driving unsafe.

Every authorised driver must:

• carry out and record the required pre-use vehicle safety check before the vehicle is used;
• ensure that the number of passengers does not exceed the vehicle’s authorised seating capacity or any lower limit imposed because of wheelchair positions or other adaptations;
• ensure that passengers, wheelchairs and mobility equipment are safely secured in accordance with the vehicle and equipment manufacturers’ instructions;
• comply with road traffic law and the Highway Code;
• use accessibility and restraint equipment only where they have been trained and assessed as competent to do so;
• report defects immediately and not use the vehicle where a defect could affect its safety or roadworthiness;
• report all accidents, injuries, incidents, near misses and safeguarding concerns in accordance with this policy and the service’s related policies and procedures; and
• co-operate with any investigation, regulatory notification or review arising from an incident involving the minibus.

Driver competence must be reviewed whenever there is reason to question competence, following a relevant accident or incident, where the vehicle or specialist equipment changes, or where legislation, guidance or the driver’s role changes.

5. Vehicle Safety Checks and Maintenance

The minibus and all equipment associated with its use must be safe, roadworthy, suitable for their intended purpose and properly maintained. The vehicle must not be used where a defect creates a risk to passengers, staff, other road users or any other person.

5.1 Pre-Drive Safety Checks

Before the minibus is used, the authorised driver must complete and record an appropriate pre-use safety check.

The check must include, as applicable:

• tyres, including visible condition and legal tread requirements;
• wheels;
• brakes and parking brake;
• steering;
• lights, indicators and hazard warning lights;
• mirrors;
• windscreen, windows, wipers and washers;
• horn;
• fuel or charge level;
• warning lights and vehicle instruments;
• doors and emergency exits;
• passenger seats;
• seat belts and occupant restraints;
• wheelchair restraints and occupant restraint systems;
• wheelchair lifts, ramps and associated safety devices, where fitted;
• any other specialist equipment used to support passengers;
• required emergency and first-aid equipment; and
• any visible fluid leak, damage or other defect that could affect the safety or roadworthiness of the vehicle.

Any defect identified must be recorded and reported promptly.

Where a defect may affect the safety, legal compliance or roadworthiness of the vehicle, or the safe operation of equipment used by passengers, the minibus must not be used until appropriate remedial action has been completed and the vehicle or equipment has been confirmed as safe for use by a suitably competent person.

5.2 Planned Inspection, Servicing and Maintenance

{{org_field_name}} must maintain a planned system of inspection, servicing, repair and preventative maintenance appropriate to the vehicle, its age, condition, mileage, type of use and manufacturer’s instructions.

Servicing and maintenance must be carried out:

• in accordance with the vehicle manufacturer’s specified service and maintenance intervals;
• more frequently where required because of mileage, usage, vehicle condition, identified defects or competent professional advice;
• by persons who are appropriately competent to undertake the work; and
• sufficiently promptly to ensure that identified safety defects are remedied before the vehicle is returned to service.

Wheelchair lifts, ramps, wheelchair tie-down systems, occupant restraint systems and other specialist equipment must, where fitted, be inspected, serviced and maintained in accordance with applicable legal requirements, manufacturers’ instructions and competent professional advice.

Maintenance arrangements must not rely solely on the MOT or other statutory vehicle test. Passing an MOT or annual test does not remove the service provider’s responsibility to keep the vehicle roadworthy at all times.

5.3 MOT, Annual Testing and Roadworthiness

The minibus must hold a valid MOT certificate or other applicable statutory annual test certificate whenever the law requires one.

The service provider must determine the applicable test class and test frequency from the vehicle’s registration, construction, seating capacity and manner of operation.

For a private passenger vehicle constructed or adapted to carry more than eight passenger seats, the first statutory MOT is generally required one year after first registration, with subsequent testing at the legally required intervals. Where a different testing regime applies because of the vehicle’s classification or operation, that statutory regime must be followed.

The minibus must not be used on a public road without a valid test certificate where one is legally required, except where a specific statutory exemption permits the journey.

5.4 Maintenance and Safety Records

Records must be maintained of:

• pre-use safety checks;
• reported defects;
• defect rectification;
• inspections;
• servicing and maintenance;
• repairs;
• MOT or other statutory vehicle tests;
• inspections and maintenance of wheelchair lifts, ramps, restraints and other specialist equipment, where applicable; and
• relevant accidents and incidents.

Records required under the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 must be retained for the periods specified by those Regulations. Records relating to adults must be retained for at least three years from the date of the last entry. Records relating to children must be retained for at least 15 years from the date of the last entry unless the Regulations require or permit those records to be transferred to the placing authority.

Other vehicle, insurance, maintenance or employment records must be retained for any longer period required by other applicable legislation, contractual requirements or the service provider’s approved records-retention schedule.

6. Passenger Safety and Safeguarding

The safety and dignity of service users are the highest priority.

6.1 Passenger Boarding and Disembarking Procedures

• Staff must assist service users in boarding, ensuring safe movement.
• Wheelchairs must be securely fastened using designated restraints.
• Seatbelts must be checked and fastened for all passengers.
• Staff should accompany service users if additional support is required.

6.2 Behaviour and Support During Travel

• The driver must never leave service users unattended in the minibus.
• Staff should monitor passengers for discomfort, agitation, or distress.
• The minibus must not exceed its legal passenger limit for safety reasons.

6.3 Safeguarding Measures

• Staff must follow the Safeguarding Policy (CHW13) when transporting vulnerable individuals.
• If a service user is in distress or at risk, the driver must pull over safely and seek support.
• Any allegations of misconduct must be immediately reported to management.

7. Emergency Procedures

Staff involved in the use of the minibus must understand the emergency arrangements relevant to their role and must take immediate action to protect the safety and well-being of individuals.

7.1 Breakdown Procedure

If the minibus breaks down, the driver must:

1. Stop the vehicle in the safest reasonably practicable location and activate the hazard warning lights.
2. Assess any immediate risks to passengers, staff and other road users.
3. Contact the appropriate breakdown or emergency assistance service.
4. Keep individuals informed and provide appropriate reassurance and support, having regard to their communication needs, assessed needs and personal plans.
5. Decide whether it is safer for passengers to remain in the vehicle or to evacuate, taking account of the location of the vehicle, traffic, weather conditions, mobility needs and any immediate danger.
6. Use emergency exits where necessary and safe to do so.
7. Arrange appropriate alternative transport or support where the vehicle cannot safely continue the journey.
8. Report the breakdown and any associated safety incident to the manager or person in charge.
9. Ensure that any defect that could affect roadworthiness or safety is rectified before the minibus is returned to service.

7.2 Accidents, Injuries and Incidents

Following an accident or incident involving the minibus, the driver and accompanying staff must:

1. Stop and make the situation as safe as reasonably practicable.
2. Assess the condition and immediate safety of all passengers.
3. Call 999 where emergency medical assistance, the police, fire and rescue service or another emergency service is required.
4. Provide first aid within the limits of the person’s training and competence.
5. Follow the requirements of road traffic legislation concerning stopping, exchanging information and reporting an accident to the police.
6. Notify {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}} or the designated person in charge without delay.
7. Preserve relevant evidence and record the circumstances of the accident or incident accurately.
8. Complete the service’s accident or incident documentation as soon as practicable.
9. Ensure that the vehicle is not driven following an accident where its safety or roadworthiness is in doubt until it has been inspected and confirmed as safe by a competent person.
10. Consider whether safeguarding procedures must be initiated.
11. Consider immediately whether the event is notifiable to Care Inspectorate Wales or another statutory body.

The service provider must make notifications required under regulation 60 and Schedule 3 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

A notification to Care Inspectorate Wales must be made without delay, in the manner required by CIW, where the event falls within a category specified in Schedule 3. This includes:

• a serious accident or injury to an individual;
• an incident involving an individual that is reported to the police; and
• any other event specified in Schedule 3 that arises from or in connection with the journey.

For the purposes of determining whether an accident or injury requires notification, the manager must have regard to the statutory guidance and current CIW notification requirements.

Where a serious accident or injury requires notification, the service provider must not rely solely on completion of the internal incident form as satisfying the regulatory requirement. The appropriate CIW notification must also be submitted through the notification system required by CIW.

Where the service provides accommodation or care and support to children, any additional notification duties to the placing authority, local authority, police or health board arising under Schedule 3 must also be followed.

7.3 First Aid and Emergency Equipment

The minibus must carry any first-aid, emergency and safety equipment required by applicable legislation, the vehicle’s operating arrangements and the service’s risk assessment.

Emergency equipment must be:

• suitable for its intended purpose;
• readily accessible where required;
• maintained in a safe and serviceable condition; and
• used only by staff who are competent to use it where specific competence is required.

Staff must receive the emergency, first-aid and evacuation instruction or training necessary for the duties they are expected to perform.

8. Use of the Minibus for Off-Site Activities

All journeys and off-site activities involving individuals receiving care and support must be planned and delivered in a way that protects, promotes and maintains their safety and well-being.

Transport arrangements must be consistent with:

• the individual’s current personal plan;
• relevant assessments and identified risks;
• the individual’s mobility and transfer requirements;
• communication needs;
• health needs;
• behavioural or emotional support needs;
• any required wheelchair, seating or restraint arrangements; and
• any other care and support requirement relevant to the journey.

Before an outing or trip, an appropriate risk assessment must be completed or reviewed. The assessment must consider the journey, destination, transport arrangements, staffing, supervision, accessibility, mobility requirements, foreseeable emergencies and the individual needs of the passengers.

The service must ensure that:

• sufficient suitably qualified, trained, skilled, competent and experienced staff are available to meet the assessed care and support needs of the individuals participating in the trip;
• the number of passengers does not exceed the vehicle’s authorised capacity;
• wheelchair positions, wheelchair restraints and occupant restraint systems are used in accordance with manufacturers’ instructions;
• relevant emergency contact information is available;
• staff have access to the information necessary to provide safe care and support during the journey;
• confidentiality is maintained when personal or health information is taken away from the care home; and
• reasonable adjustments are made where required to enable an individual to participate safely.

Where an individual requires medicines during an outing or journey, the medicines must be transported, stored, administered, recorded and returned or disposed of in accordance with the service’s Medicines Policy, the individual’s personal plan and the requirements for safe medicines management.

Where a journey cannot be undertaken safely while meeting an individual’s assessed needs, the journey must not proceed until suitable arrangements have been put in place.

9. Fuel and Mileage Management

• The minibus must be refueled when below ¼ tank.
• A mileage log must be kept for each journey.
• Staff should report unusual fuel consumption, which may indicate mechanical issues.

10. Related Policies

This policy should be read in conjunction with:

• Health and Safety at Work Policy (CHW16)
• Risk Management and Assessment Policy (CHW18)
• Safeguarding Adults from Abuse and Improper Treatment Policy (CHW13)
• Staff Supervision, Training, and Development Policy (CHW27)

11. Policy Review

This policy will be reviewed annually or sooner if legislative changes or operational needs require amendments. Updates will be communicated to all staff.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.