What is Car Sharing. Vehicles operated for hire or reward Must be licensed under either: Public Service Vehicle Hackney Carriage Private Hire Car

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1 What is Car Sharing Car Scheme Legal Issues William Hyde Advice & Information Officer CTA UK Individuals using own car to transport others Vehicles owned by the organisation Charge to passenger No profit involved Falls outside definition of operating a business of carrying passengers 2 What is hire or reward? Any payment in cash or in kind that is made for, or on behalf of a passenger, which gives them the right to be carried Vehicles operated for hire or reward Must be licensed under either: Public Service Vehicle Hackney Carriage Private Hire Car Public Passenger Vehicles Act 1981 exemption Section 1 (4) states: Fares or aggregate fares paid for journey do not exceed the running costs of the vehicle for the journey Arrangements for the payment of the fares are made in advance Running costs of vehicle Petrol Tyres Service labour costs Replacement parts Parking and tolls Can include an appropriate amount in respect of depreciation and general wear

2 Charging passengers Zonal charging Mileage based scale easiest Which mileage is charged Driver mileage Passenger mileage Administration charge Collecting fares Driver Administration Organisation issues invoice VAT Reimbursement of expenses HMRC Approved Mileage Allowance Payment Rates Up to 45p per mile to 10,000 miles 25p per mile thereafter In addition the driver can receive a further 5 pence per mile per passenger Applies to volunteers and paid staff Insurance Driver insurance Vehicle insurance Organisational insurance Public liability insurance Contingent liability Employers liability Loss of no claims bonus Managing Occupational Road Risk Policy Responsibility Organisation Systems Monitoring Do you? Check driving licences? Check driving standards? Check vehicles are appropriate? are they insured? are appropriately maintained? do have an MOT / VED?

3 Keeping records Driver registration forms CRB checks Journey forms Expenses form Invoices Other considerations Seatbelt wearing Exemption certificates Child passengers Oxygen cylinders Shopping CTA Quality Mark: The Benefits CTA Quality Mark Benefits to be gained through using a quality standard More effective and more efficient organisational systems and procedures Better quality of service for users Better communication among staff, trustees and volunteers Increased motivation for staff and volunteers Greater credibility and legitimacy with funders More creative thinking, enabling new perspectives and ways of working CTA Quality Mark: The Standards 16 sets of standards in total 1-6 based on Charity Commission s Hallmarks of a good charity 7-10 based on VOSA legal and best practice guidance based on legislation and best practice guidelines in relation to personnel issues 14 based on requirements of the Health & Safety Executive based on best practice guidance for businesses to exercise their social responsibility 17 CTA Quality Mark: The Levels Level 1 Consists of legal requirements plus a minimum number of elements of best practice Available to all incorporated, independent CTA members irrespective of legal organisational structure Obtained through submission of a portfolio Level 2 Consists of all level 1 requirements plus the additional best practice requirements Submission of a portfolio and a site visit Currently only available to charities. Charity Commission endorsement available in England and Wales 18

4 CTA Quality Mark: The Application CTA Quality Mark: The Assessment Complete the Application form Send payment to CTA Cost of Level 1 is VAT Cost of Level 2 is still to be confirmed Receive an Information Pack from CTA Evidence Requirements Instructions for portfolio building Management Process information Support available from CTA consultants for an extra fee 19 Portfolio of evidence submitted for assessment Assessment team prepare an assessment report for the Awards Panel Final decision to award the CTA Quality Mark made at an Awards Panel meeting A number of decision options including full award or decide not to award Applicant informed of decision in writing CTA Quality Mark will normally be for three years 20 Why should I join the CTA? CTA Membership 21 Influence - the CTA is an association that gives you influence Being informed - the CTA is an organisation that gives you the information and advice you need Development - the CTA is an association that can help you develop your organisation and your people Advantage - the CTA is an organisation that gives you a leading edge 22 CTA member benefits include: Membership categories and costs Free legal and technical advice CTA Journal (on-line for some membership categories) Exclusive access to the members area of the CTA website Discounted rates on CTA insurance Issue of Section 19 permits (if required) Preferential rates for Criminal Records Checks Community Membership or Full Member Band Full Member Band Full Member Band

5 CTA UK Contacts CTA Advice Officers Amanda Howard William Hyde Elizabeth Mather CTAUK Highbank Halton Street Hyde Cheshire SK14 2NY

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