Information Sheet Summary If your organisation works with volunteer drivers, there are lots of issues to bear in mind. This Information Sheet is designed to help you consider: • vehicle and driver safety
• insurance
• mileage rates and reimbursement of volunteer expenses
• screening and recruitment of volunteer drivers
• personal safety This Information Sheet looks at the requirements for cars, but not for minibuses. A vehicle with a seating capacity of more than nine is, in law, a minibus and is not subject to car-sharing legislation. They operate under a special licence. You can get information about this from the Community Transport Association, whose contact details are given at the end of this Information Sheet.
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Checks on the volunteer driver
• Licences should be full and not provisional, preferably without endorsements. Driving licences should be inspected when the volunteer is taken on, and then at regular intervals, to check that the volunteer does not have any recent or serious driving convictions. Where a driver has penalty points on their licence, the organisation will need to decide on a case by case basis whether or not they consider the driver to be suitable for a volunteer driver role.
• Some organisations may want to set a minimum requirement for driving experience. Age discrimination should be avoided, so long as a younger driver is experienced enough and an older driver is confident driving.
• Some organisations have expressed concerns over a volunteer’s fitness to drive, especially as the state of a person’s health can change over time.
If a person’s health (or medication) presents a risk to their driving, then their GP will explain this to them. By law, the individual must notify the Driver and Vehicle Licensing Agency (DVLA) if they suffer from a medical condition or disability that may affect their driving, or if they develop a new condition or disability, or an existing once becomes worse since their licence was first issued. Once the driver has notified the DVLA, the Drivers Medical Group within the DVLA will make a decision about the person’s fitness to drive.
Although there is no legal requirement for the person to inform the organisation they are volunteering with that they shouldn’t be driving, it would be good practice for them to do so. We all have a common law ‘duty of care’ to others, and by not passing on this information a volunteer driver:
- could put their own life at risk
- could put the lives of passengers/ clients at risk
- could put other members of the public at risk
In addition to this, if a person doesn’t take their GP’s advice to avoid driving for a short period, or if they don’t notify the DVLA and continue to drive, then this could invalidate their vehicle insurance were they to have an accident. Furthermore, failure to notify the DVLA is a criminal offence and is punishable by a fine of up to £1000.
• If the volunteer will regularly be driving ‘vulnerable clients’, your organisation will probably be entitled to seek a Criminal Record Bureau check. If your organisation is covered by the Care Standards Act or the Protection of Children Act, it will have statutory obligations to get CRB checks in certain circumstances. If your organisation is not covered by these Acts, you should carry out a risk assessment of the volunteer role and decide whether you need to get a CRB check in order to meet your legal ‘duty of care’ towards your clients. For further information, please read Volunteering England’s Information Sheets “An Introduction to CRB Disclosure Checks”, “When To Get A CRB Disclosure Check” and “Screening Volunteers”.
Checks on the vehicle
• An MOT certificate should be requested from the volunteer driver if the vehicle is over three years old.
• The organisation needs to be reasonably confident that the vehicle is safe. You can do this by looking to see if the vehicle has any obvious defects and asking the volunteer what maintenance is carried out.
• Cars must have front and rear seatbelts and all passengers should wear seatbelts. Drivers are responsible for ensuring that children under 14 years of age are restrained in the correct manner. Passengers aged over 14 are legally responsible for ensuring that they are wearing a seat belt. For further information, please read Volunteering England’s Information Sheet “Child Car Seats”.
• Sports cars, vans and off-road vehicles could well be unsuitable for taking passengers. The vehicle must be easy for the passengers to access.
Insurance
• If an organisation owns the vehicle being used, then it is responsible for arranging insurance. If the volunteer owns the vehicle, then he or she is responsible for arranging insurance.
• Legally, only third party car insurance is required, but it is good practice for the driver to have comprehensive insurance. The organisation should take out public liability insurance so that it is covered for any claims which the car insurer will not cover. Also, note that your volunteers and clients need to be insured for activities whilst the vehicle is not moving, such as when the client is getting in or out of the vehicle.
• Owner-drivers must tell their insurance company in writing that they will be driving in a volunteering capacity, otherwise the policy can be invalidated, which results in the driver being personally liable for any damage or injuries sustained in an accident. There is a standard form which volunteers can use to inform their insurers about their volunteering.
• If a driver has an accident during their volunteering and there is a problem with the insurance for that vehicle, the organisation could be held responsible, whether or not it owns the vehicle involved. The organisation can take out a Contingent Liability Policy to protect it from this risk.
• The car schemes must not pay the drivers anything more than expenses actually incurred, because it can invalidate the insurance policy if the drivers are making a ‘profit’. The driver and scheme also become liable for tax and National Insurance. Statutory employment rights may apply and deductions can also be made from welfare benefits. The driver and the scheme can also be prosecuted for running an unlicensed taxi service.
Mileage reimbursement
HM Revenue and Customs sets tax-free mileage rates under the Fixed Profit Car Scheme (FPCS). This scheme allows for the payment of mileage allowances without the need for either the organisation or the volunteer to keep detailed records. The scheme applies to both employees and to volunteers.
The tax-free mileage rate is the estimated cost of what it costs someone to drive somewhere in terms of petrol, wear and tear and insurance. Therefore if you are reimbursing the mileage rate, then it is an actual expense even though you cannot collect receipts to prove it. In terms of tax, benefits and the national minimum wage, it is fine to reimburse volunteers for mileage at the tax-free mileage rate. If you are paying above the mileage rate or reimbursing volunteers’ mileage with a flat-rate payment which could be more than the mileage rate, then a volunteer’s insurance could be invalidated because they could be seen to be making a profit from driving.
The tax-free approved mileage allowance payments are explained on HMRC’s website at http://www.hmrc.gov.uk/rates/travel.htm and currently are:
• Cars and vans, up to10,000 business miles: 40p per mile (regardless of engine size)
• Cars and vans, additional business miles: 25p per mile
• Motorcycles: 24p per mile
• Bicycles: 20p per mile.
If a volunteer feels that 40p per mile doesn’t adequately reflect their costs and wishes to be reimbursed at a rate higher than this amount, the HMRC website provides instructions about how this can be done. For further information please visit the HMRC website at http://www.hmrc.gov.uk/mileage/volunteer-drivers.htm. Volunteering England’s Information Sheet “Volunteer Travel Expenses” may also be useful.
The approved mileage rates also refer to ‘passenger payments’ of 5p per mile. It is explained that this allowance can be given to a driver “for carrying fellow employees in a car or van on journeys which are also work journeys for them”. If your organisation operates a car sharing scheme for volunteers to offer lifts or pool cars when travelling to/from or during their volunteering, it may be worth checking with HMRC if you can offer this additional allowance to the driver. (To seek further guidance, a website link for finding your nearest Tax Enquiry Centre is provided at the end of this Information Sheet.)
Training
Drivers should be trained if they are carrying elderly or disabled people or children. Particular training needs to be given in picking up and setting down passengers. Training should be given in disability awareness and customer care. For further advice, contact the Community Transport Association. There are also useful safety resources available from ROSPA and the Think! Website; details are given at the end of this Information Sheet.
Breaks
Drivers should rest for at least 15 minutes every 2 hours within a journey, and between journeys.
Identification
It is a good idea for organisations to consider providing ID for volunteer drivers so that the people they are picking up can clearly recognise them. The identification should include the main telephone number for the voluntary driving scheme.
Alcohol
Drivers should not drink alcohol for at least 12 hours before a journey. Alcohol remains in the body for a considerable amount of time. This is an issue that you can tackle in training and you may also want to have a clear policy on it.
Luggage
Luggage and shopping should be put in the boot or kept securely to prevent injury if the vehicle suddenly stops.
Pets
Pets can be carried with clients, at the discretion of the driver, as long as the animal does not affect the safe running of the vehicle. Guide dogs for blind and deaf clients should be taken in the vehicle, unless there are good reasons for not doing so.
Seating capacity
Never exceed the seating capacity of a vehicle, as stated by the manufacturer and insurer.
Accidents, illness or injury
In the event of an accident, the organisation and the emergency services should be informed immediately and details given. If a client falls ill or is injured during a journey, then the driver should seek immediate medical help.
Private Hire Vehicles (PHVs) and the Road Safety Act
Volunteering England’s Information Service occasionally receive enquiries about whether volunteer drivers are subject to laws on taxis and private hire vehicles. If your volunteers only receive out of pocket expenses or HMRC-approved mileage allowances, then they will not be receiving a profit and the vehicle should not be described as being ‘for hire’. The Community Transport Association provides useful information resources on the legal status of Private Hire Vehicles, Private Service Vehicles and Car Sharing Schemes (contact details given below).
Further information
Volunteering England Information Sheets
“An Introduction to CRB Disclosure Checks”
“When To Get A CRB Disclosure Check”
“Screening Volunteers”
“Child Car Seats”
“Insurance for Volunteers”
“Volunteer Travel Expenses”
Volunteering England Good Practice Bank
Includes a section on 'Health and Safety' which can be found in ‘core themes’
http://www.volunteering.org.uk/goodpractice
Community Transport Association Advice Services
Telephone helpline: 0845 130 6195 (happy to help with specific queries)
Website: http://www.communitytransport.com
A range of other leaflets can be downloaded from the Association’s website or ordered by telephone, including “Volunteers and Community Transport”. CTA also sell publications such as “Community Car Schemes: a guide to organised lift-giving using voluntary drivers”, 3rd edition, 1999. £10 (£9 to CTA members).
The HMRC website general leaflet on rates and limits for 2008/2009 confirms that the mileage limits remain unchanged since 2002. It is available at http://www.hmrc.gov.uk/helpsheets/e12.pdf
The Inland Revenue used to offer a booklet called “IR122 Volunteer Drivers” which is unfortunately no longer in circulation. However, the Community Transport Association (above) can send you a copy of the leaflet as a PDF or similar information is available to read on the HMRC website at http://www.hmrc.gov.uk/mileage/volunteer-drivers.htm. Although it dates back to 2002, the mileage limits haven’t changed since then.
Further advice is available from local Tax Enquiry Centres and Tax offices. You can find your nearest one by looking on this website: http://www.hmrc.gov.uk/enq/index.htm
The Think! website offers advice about road safety and older drivers at: http://www.thinkroadsafety.gov.uk/advice/olderdrivers01.htm
ROSPA (Royal Society for the Prevention of Accidents) produces a range of relevant guides including:
“Volunteer Driver’s Handbook”
“Top Ten Tips For Limiting Your Speed”
“Driving for work: safer speed policy”
They are available at http://www.rospa.com/roadsafety/resources/drivers.htm and http://www.rospa.com/roadsafety/info/workspeed.pdf
HSE (Health and Safety Executive) have a publication for people who drive as part of their work. It is called “Driving at work”, and can be found at
http://www.hse.gov.uk/pubns/indg382.pdf
Brake Road Safety Charity offers guidance for drivers and others, and is running a “Pledge to Drive Safely” campaign
http://www.brake.org.uk
The Direct Gov website contains information on the “Medical Rules for Drivers”
Last reviewed: June 2008
We have made every effort to ensure that this Information Sheet was correct at the time of publication. It is intended as a summary of relevant issues and suggests further sources of information. Legal advice should be sought where appropriate.
For more information, please contact
Volunteering England Information Service
Information@volunteeringengland.org
Freephone/textphone: 0800 028 3304 (Mon-Fri, 10.30-12.30 and 14.00-16.00)
www.volunteering.org.uk/
Volunteering England
Regent’s Wharf
8 All Saints Street
London N1 9RL
All of Volunteering England’s Information Sheets are available at:
www.volunteering.org.uk/information
For more information on managing volunteers, please visit
The Good Practice Bank at www.volunteering.org.uk/goodpractice
