Westminster Policy News & Legislative Analysis

St Martins school minibus licence suspended after PSV failings

Traffic Commissioners for Great Britain have suspended the restricted public service vehicle operator's licence held by St Martins Preparatory School Limited, which runs school minibuses from Grimsby, for 14 days and cut its authorised fleet from two vehicles to one after a public inquiry in Leeds on 10 September 2026. The sanction was imposed by Deputy Traffic Commissioner Gerallt Evans and runs from 25 September to 9 October 2026. (gov.uk) The written decision goes further than a short suspension. St Martins must identify a clearly responsible person for the licence by 8 October 2026 and arrange an independent audit of its transport safety and compliance systems in March 2027, with the report and its response due by 30 April 2027. The order is therefore aimed at testing whether management control has been rebuilt, not simply at stopping services for a fortnight. (gov.uk)

According to the published decision, concerns first surfaced in 2024, were reinforced by an independent audit in September 2025 and were then followed by further investigation by the Driver and Vehicle Standards Agency. The deputy commissioner found failures against declared 10-week inspection intervals, maintenance undertakings, drivers' hours compliance and broader licensing requirements, including issues around vehicle discs and MOT classification. (gov.uk) Road safety sat at the centre of the case. The decision highlights a March 2025 MOT failure involving a tyre cut to the cord on a minibus used for school transport, and the commissioner concluded that earlier steps taken by the operator, including withdrawing vehicles from use, reduced immediate risk but did not fix the underlying causes. The statutory basis for action was sections 17(3)(a), 17(3)(aa) and 17(3)(e) of the Public Passenger Vehicles Act 1981. (gov.uk)

In plain English, a restricted PSV operator's licence is the small-scale version of PSV licensing. GOV.UK says it is available for limited operations and typically authorises one or two vehicles; it can cover a 9 to 16 seat minibus only where passenger transport is not the holder's main business or where the vehicle is not being used in the course of a passenger transport business. That is why school operators can fall within the restricted regime rather than the standard bus and coach model. (gov.uk) But the lighter licence category does not mean lighter duties. The official operator licensing guide says restricted licence holders do not need to nominate a transport manager, yet the level of compliance is no lower and the person in charge must carry out the same practical oversight functions. That covers maintenance, driver licensing, drivers' hours, record-keeping, testing and accurate vehicle entries on the operator record. (gov.uk)

The St Martins case also matters because school transport does not automatically fall outside commercial passenger rules. Department for Transport and Department for Education guidance says a minibus is used for hire or reward where payment in cash or kind gives a person the right to travel, and the official PSV guide states that indirect payment can include school fees. That point is especially relevant for independent fee-paying schools without charitable status, which GOV.UK says could be viewed as commercial bodies and are advised to seek legal advice. (gov.uk) By contrast, the same school minibus guidance says non-profit-making bodies, including schools, may in some circumstances operate on a section 19 permit, and staff with category B car licences may be able to drive a minibus if strict conditions are met and the vehicle is not being used for hire or reward. The practical point for operators is straightforward: the legal basis for a school minibus service should be settled before vehicles go on the road, not after an enforcement visit. (gov.uk)

The deputy commissioner treated the case as a management failure as much as a vehicle failure. The written decision says the directors had passed compliance responsibility to staff who lacked the training and experience to manage operator licensing duties, and it records continuing concern at the inquiry about who was actually in charge of maintenance arrangements and whether the operator fully understood when drivers' hours rules applied. (gov.uk) For schools and other small operators, the official guidance is precise about what good control looks like. Vehicles must be kept fit and serviceable, maintenance records must be retained for at least 15 months, drivers' hours records for at least 12 months, and where digital tachographs are used the data must be downloaded and stored on the published timetable. GOV.UK also warns operators to keep vehicle details up to date on the Vehicle Operator Licensing account, because late changes can damage the compliance record. (gov.uk)

For St Martins, the immediate effect is clear. No vehicles may be operated under the licence during the 14-day suspension, and once operations restart the business remains capped at one vehicle unless the traffic commissioner later removes the restriction. The decision says that, if the March 2027 audit is satisfactory and no fresh adverse matters arise, the operator may then ask for the one-vehicle limit to be lifted. (gov.uk) For the wider sector, the message from the Office of the Traffic Commissioner is that restricted licences are not a light-touch exemption for schools. Where children are being carried, the regulator expects clear director-level accountability, evidence that inspection schedules are being met and a working grasp of maintenance and drivers' hours law. Schools contracting or running their own minibus services should read this decision as a compliance warning rather than an isolated local dispute. (gov.uk)