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Hire and reward

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telstarbox

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If you want to run a bus service there are different rules around "hire and reward".

As I understand it, hire and reward in its simplest form means passengers paying a fare to the driver. But hire and reward can also be indirect, such as a hotel providing a free pickup service. Is there a DfT definition of what constitutes hire and reward?
 
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carlberry

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If you want to run a bus service there are different rules around "hire and reward".

As I understand it, hire and reward in its simplest form means passengers paying a fare to the driver. But hire and reward can also be indirect, such as a hotel providing a free pickup service. Is there a DfT definition of what constitutes hire and reward?
I believe there was a court case a few years ago that established that free pickup services were covered as they only became available after you had paid for something. i.e. it dosent matter who you paid or what you were told it was for if transport was provided then the rules applied (taxi or bus depending on the size of the vehicle).
Like most things in English law the official statements are all a bit vague until they actually get tested in court after which things get less and less vague as the number of court cases increases.
 

Man of Kent

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There is a definiton and some examples in PSV437 "Public Service Vehicle Operator Licensing Guide for Operators", available on the gov.uk website.
 

philthetube

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If a third party is providing the service, and being paid to provide it then it is for hire or reward, if the employer or business owner provides it and does not charge then it is a grey area
 

robk23oxf

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If the depot manager gives a driver a bus free of charge to take colleagues and friends to the seaside for the day then that would be an example of a 'reward'.
 

Cesarcollie

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If the depot manager gives a driver a bus free of charge to take colleagues and friends to the seaside for the day then that would be an example of a 'reward'.

Why? The company is not earning anything from such a free hire...... Though largely academic as a bus company would in any event have an O Licence etc etc....
 

robk23oxf

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Why? The company is not earning anything from such a free hire...... Though largely academic as a bus company would in any event have an O Licence etc etc....

The company isn't gaining anything from it but the employees do.
 

robk23oxf

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Indeed, but the legislation applies to the company, not the employees.....

I've done this kind of thing before and I can assure you that even if no money changes hands this is legally a private hire and therefore is required to run to EU Driving rules in order to carry passengers. It's a grey area but the company offering a vehicle free of charge for employees is deemed to be an employee benefit and hence 'a reward'.
 

Cesarcollie

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I've done this kind of thing before and I can assure you that even if no money changes hands this is legally a private hire and therefore is required to run to EU Driving rules in order to carry passengers. It's a grey area but the company offering a vehicle free of charge for employees is deemed to be an employee benefit and hence 'a reward'.

I think there are two slightly separate issues here. To take the second point first, an employee benefit or reward (normally used in reference to when tax might be due) is a benefit or reward which accrues to the employee. And yes, a free private hire, is indeed a benefit/reward to the employee ( I’m no tax expert so won’t go into the theoretical taxation debate). The legislation around carrying passengers for. ‘Hire and Reward’ however, means a hire by a company for which IT gets a reward (ie payment). A bus company providing a free vehicle for a hire is not getting a reward out of it, so it’s not strictly hire and reward. Therefore (similar to a preserved bus), whilst the driver needs a PCV Licence if there are more than 8 passengers, the bus doesn’t need to be a PSV or display an O Licence. Now of course, bus operators run PCVs on O Licences, so in reality the bus/coach used on the free hire will run with an O Licence. The driving rules question is more interesting. Most companies if using a tacho fitted vehicle would use the tacho and ensure the driver complied with EU hours to avoid any potential arguments with DVSA. However, whether this is legally required is less clear. Certainly if a bus was used, which was not tacho fitted, there would be a strong argument that was perfectly legal proving no payment was changing hands.
 

PermitToTravel

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I don't think that's how it works. Whether a tacho is fitted has no bearing on whether one must be used. The local regular service exemption doesn't apply, and nor do any of the others, so EU rules must be kept to and the tachograph must be used. A bus without a tachograph could not be used for these purposes.
 

philthetube

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Unless the law has changed then any vehicle not fitted with a tacho, or legally required to be, which is used on tacho work has to have the rear of the disk filled in, just as if the tacho is defective
 

Condor7

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Without knowing the exact circumstances it is difficult to give a definitive answer. You may find the decision is made for you when you come to insure it. The insurance company will decide whether they want you to have ‘hire & reward’ or not based on the information you supply them. However what is legal is still your responsibility.
 
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