School minibus drivers 837/2025

FOI Reference: 837/2025

Request:

Around 2013 / 2014, a guidance document was published, written jointly by the Department for Education, the Department for Transport and Association of Chief Police Officers.  The guidance document stated that where a teacher is not obligated to drive a school minibus by their contract of employment, they may be classed as "volunteer" minibus drivers and therefore drive a 17 seat minibus on a Cat B licence, not requiring a Cat D1 licence

https://www.gov.uk/government/publications/driving-school-minibuses-advice-for-schools-and-local-authorities/driving-school-minibuses-advice-for-schools-and-local-authorities

1. Can you please confirm that this information was indeed passed to your force?
2. How would your Traffic Officers view anyone driving a 17 seat minibus on a Cat B licence as per the published guidance. Would your force prosecute the driver for not holding a Cat D1 licence?

Response 1:

There is no specific information held to confirm that the guidance document was received,  however it should have been as this is non-statutory advice jointly produced by the Department for Education (DfE), the Department for Transport (DfT) and the Association of Chief Police Officers (ACPO) on driving licence entitlement when driving a school minibus.

Response 2:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

First point of law, the 17 seats must include the driver: The maximum amount of passenger seats is 16.

All officers need to have an awareness of this guidance and therefore should be recirculated as part of initial training and specialist training to ensure officers are proportional in their response to encountering a situation that may need consideration to prosecute. There are certain criteria within the guidance that would support the officers case disposal decision and needs to be considered by that officer.

https://www.gov.uk/government/publications/driving-school-minibuses-advice-for-schools-and-local-authorities/driving-school-minibuses-advice-for-schools-and-local-authorities                                           

It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.

(This is a response under the Freedom of Information Act 2000 and disclosed on 27/08/2025)