«Going to Europe Contents Introduction Other travel regulations Documentation Contingency Planning Own Account Certificate – EU only Hints on road ...»
Going to Europe
Introduction Other travel regulations
Documentation Contingency Planning
Own Account Certificate – EU only Hints on road travel abroad
Services operated under Waybills Paying someone else to do the work
Waybills Appendix 1
The EU Journey Form (Waybill) Appendix 2
Vehicle documentation Continental Breakdown Insurance Driver documentation Introduction Strict regulations govern the use of minibuses (and buses and coaches) on international journeys. This leaflet describes the major regulations and factors to take into account, and where to get further advice and information.
There are significant legal difficulties for trips abroad in community minibuses.
A decision to go ahead with a trip should not be taken until the body responsible for the trip has assessed all the legal and safety risks and made arrangements accordingly.
Under UK and EU regulations, a minibus is a vehicle constructed and adapted to carry more than eight but not more than sixteen passengers (in addition to the driver). If it is being used on journeys outside the UK to or from Europe (including the Republic of Ireland), it comes within the scope of rules governing international bus and coach journeys, which apply to all minibuses, whether private, Permit minibuses (Section 19 or S10B in Northern Ireland), Community Buses (Section 22), or PSV’s.
If you have removed seats from your vehicle for any reason and you have less than 8 seats left you are nevertheless still required to observe the requirements outlined below. The DfT has confirmed that temporary reductions in seating do not alter the vehicle’s status as a minibus, and will not provide a defence against prosecution on driver licensing, tachograph or other offences.
If you decide to remove seats on a permanent basis, you must inform your insurance company, the DVLA and remove any signwriting, which might indicate a higher seating capacity. You will no longer be able to operate under a minibus permit on your return to the UK. Finally, seating and seat belt requirements for such vehicles fall into a different class, and failure to meet the required (M1) standards is an offence.
Going to Europe_0908 1 For the latest version of this document see www.ctauk.org This printed copy may not be up to date. This one was printed 11/24/2009 11:47:00 AM Back up Documentation Either a Waybill or Own Account Certificate must be carried if the vehicle has more than eight passenger seats, regardless of how many passengers are being carried and irrespective of whether it is operating for "hire or reward".
In order to ascertain which document is required there are 4 main questions:
i. Is the organisation a non-profit-Making body?
ii. Do you own (or have on long-term lease) your own vehicle?
iii. Is the journey within the EU?
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom iv. Will the journey last less than 90 days?
If yes is answered to all these questions an Own Account Certificate should be used.
If not the journey is probably an Occasional Services and a Waybill is required.
Own Account Certificate – EU only International journeys carried out within the EU by a non-profit making body for the transport of its members in connection with its social objectives or by a body for its own employees fall within the category of Own Account Transport Operations.
Provided that the vehicle used is the property of the operator, such journeys can be carried out under an Own Account Certificate. (This can cover Local Authorities, voluntary organisations, and education establishments). These certificates are available from the International Road Freight Office, using Form GC 278. They now cost £5 in respect of each full year of validity, up to a maximum of 5 years).
An Own Account Certificate cannot be issued for a vehicle hired from a commercial self-drive hire company, nor a vehicle which has been borrowed from another organisation. In order for a community group to qualify for an Own Account
Certificate they must either:
i) Be the owner or full-time operator of the vehicle;
Or ii) Be a fully paid up voting member of a not-for-profit organisation that does own the minibus, such as a community transport group, and carry a certificate to prove it. As a member of the organisation they should not be paying hire charges, so the charges made for the trip should be calculated on an actual cost basis.
For the latest version of this document see www.ctauk.org This printed copy may not be up to date. This one was printed 11/24/2009 11:47:00 AM iii) The transport activity is only an ancillary activity for the undertaking body.
This requirement of the ‘On Account Certificate’ can easily be met by most voluntary sector organisations such as: scouts, churches, and schools. These organisations would also have to own their own vehicle, or lease it on a long-term basis, to qualify for a certificate in their own right.
However, community transport operators may have to think carefully about what their main purpose is in operating transport. If they are a registered charity then it is likely that the Memorandum and Articles of Association will determine the objects of the organisation to be “the relief of age, sickness or disability or poverty or because of the lack of availability of safe and adequate public services by the provision of transport”. This then means that the operation of transport is a means to achieve the main purpose of the organisation. It is then reasonable to conclude that the transport activity is only an ancillary activity for the undertaking. The application form for Own Account Certificates can be signed on this basis.
A community transport organisation seeking to obtain an Own Account Certificate for one of its vehicles may well be required to produce proof that it is a not-for-profit organisation - Charity Registration for example.
The system of Own Account Certificates does not extend beyond the EU. Trips must not last longer than 90 days.
Operators should note that the Own Account Certificate has no bearing on the driver licensing difficulties described further on.
For further guidance about Own Account Certificates contact the International Road Freight Office (IRFO) in Cambridge on 01223 531030.
Services operated under Waybills These rules vary according to the type of "service" being operated and the international agreements applicable to countries through which it runs. A standard definition of "service" is now in use throughout Europe. The three main categories
are Regular, Cabotage and Occasional:
i) Regular Services These are services provided for the general carriage of passengers at specified intervals along specific routes with predetermined stopping places.
ii) Cabotage This is where an operator temporarily establishes itself abroad to undertake local work in the country concerned.
iii) Occasional Services
For the latest version of this document see www.ctauk.org This printed copy may not be up to date. This one was printed 11/24/2009 11:47:00 AM suited to Community Transport operators.
The Confederation of Passenger Transport (CPT) will sell Waybills to Section 19 Permit operators however care needs to be taken if stopped in an EU country as groups may be asked for their Community Licence (PSV ‘O’ Licence). Groups would need to explain that they operate under Section 19 Permit legislation in the UK and that they did not need a Community Licence.
The rest of the information concerning Waybills will only cover the operation of Occasional Services.
Regular or Cabotage services will almost certainly require an international Operators Licence.
Waybills If you do not own the vehicle (as described in Section 2), or are going outside of the EU, then you will require a document known as a Waybill (sometimes known as a Journey Form or Carnet).
The top copy of the Waybill must be retained by the operator for 12 months after the date of operation.
There are three different types of Waybill depending on which country you are going to. These are the EU Waybill, the Interbus Waybill, and the ASOR Waybill.
(i) The EU Waybill is accepted in all the countries of the European Union: Austria, Belgium, Czech Republic, Cyprus, Denmark, Eire, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
Additionally, although not in the EU, Iceland, Liechtenstein, Norway and Switzerland accept the EU Waybill.
(ii) Countries currently accepting Waybills under the Interbus Agreement (2003):
Bulgaria, Croatia, Romania.
(iii) Those countries for which the CPT currently recommends using documentation under the ASOR agreement: Belarus, Bosnia-Herzegovina, Moldova, Russia, Turkey.* *The Interbus Agreement included Bosnia-Herzegovina, Moldova and Turkey but thus far the agreement has not been implemented in these countries.
For the latest version of this document see www.ctauk.org This printed copy may not be up to date. This one was printed 11/24/2009 11:47:00 AM The EU Journey Form (Waybill) Before the start of each international journey a waybill for each vehicle must be completed, in duplicate, by the person responsible for the operation of the service. A waybill must be carried if the vehicle has more than eight passenger seats, regardless of how many passengers are being carried and irrespective of whether it is operating for "hire or reward". A waybill is therefore required for a private minibus going abroad.
An international service is subject to European Union (EU) regulations, provided it both starts and finishes in an EU Member State. EU rules apply to any vehicle
carrying passengers provided that:
i) the vehicle used is registered in an EU member state;
ii) the vehicle departs from an EU member state and the destination is in the same or another member state. On an Occasional Service the destination is the country of departure.
The EU waybill is available in books of 25 duplicate copies from the CPT, price £15.28, or £6.46 (including VAT) for a single waybill. The book is valid for five years and the waybill can be used for any vehicle operated by the person to whom the book is issued. The book is not transferable. No passenger list is required, although you need to state the number of people in the group travelling (excluding the driver).
The top copy must then be detached from the book and be carried by the driver on the vehicle throughout the journey. The vehicle is then exempt from domestic operator licensing laws in other EU countries. Drivers may be required to produce a properly completed waybill at any time during the journey, but particularly at frontier crossing points. It should be noted that the international journey commences, for waybill, hours and records purposes, when the journey starts in the UK; not when it leaves UK territory.
Operating an Occasional Service without a properly completed waybill is an offence and can lead to substantial on-the-spot fines, which if you cannot pay, could mean your vehicle being impounded.
Occasional Services generally transport the same group of people to and from another EU Member Country. However, additional passengers may be picked up or dropped off ‘en route’, if so detailed on the waybill by prior agreement. If you are travelling abroad on an exchange visit and wish to be joined by your hosts on tours entirely within the other country, this information should be entered in advance, on the waybill and a copy of the agreement/itinerary should be available.
If you are travelling abroad regularly, you may be deemed to be offering "package travel", in which case you are recommended to obtain the Department of Trade and Industry's guidance to Package Travel, Package Holidays and Tours Regulations.
The Interbus and ASOR Waybills
For the latest version of this document see www.ctauk.org This printed copy may not be up to date. This one was printed 11/24/2009 11:47:00 AM countries which would accept a new form of waybill. These countries are listed under Waybills.
There is also an old-style waybill (in operation before 1 March 1994) which still applies to non-EU countries that are party to the ASOR agreement again see list under Waybills.
Interbus and ASOR waybills cost £12.93 for a book or £6.46 for a single copy and you will also need to supply a passenger list. Please contact the CTA Advice Service for information on particular countries outside the EU.
Vehicle documentation As well as the Waybill or Own Account Certificate (and Model Control Documents if necessary), the driver should make sure the following documents are available for
inspection at all times:
Vehicle registration document Current MOT Certificate Insurance certificate European Accident Form (available from your insurance broker) GB Plate Green card (international motor insurance certificate) Vehicle Registration Document This must be available for inspection at all times (carry the original, not a photocopy).
If the vehicle is hired, you will not have this book and instead you should always carry the hire form that you signed when you collected the vehicle from the hire company.
MOT Certificate A copy of the current test certificate is a requirement in some countries, and recommended in others.