Q My company operates a stage carriage service from my village
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to a neighbouring market town. For this I use a front-entrance singledeck bus which is equipped for one-man operation. I also own a rear-entrance doubledecker that I use on a regular daytime factory contract transporting workers between sections of a factory.
On very infrequent occasions I have been compelled to use the double-decker on my stage service when the single-decker has been out of action. I have never made any attempt to collect the fares from the cab, only having the intention of not letting my regulars down, but one of my passengers went round the bus, without my knowledge, and gave me the money at the end of the run. Could you tell me how I stand legally on this?
A As the passengers are, in fact, paying separate fares, whether with your knowledge or not, the bus must still be regarded as a stage carriage.
As a stage carriage with a rear entrance it must carry a licensed conductor under Section 49 of the Public Service Vehicles (Conditions of Fitness Equipment and Use) Regulations 1972.
Not only could you be in trouble on this point, but it is probable that your road service licence states that only single-deck vehicles can be used. Your insurance may also be made invalid by using the double-decker in this way without a conductor.
If you ensured that no fares at all were collected the bus would in our opinion cease to be a stage carriage. Though you could in theory use it on the service after assuring yourself that the passengers were, in fact, fully covered by your insurance, it would still be a public service vehicle. We feel, therefore, that you could be in danger of losing your psv driving licence using the vehicle in this way, as you would be unable to supervise the safe boarding and alighting of your passengers. The Traffic Commissioners could well think that you are not a fit person to hold such a licence as is required by Section 144 of the Road Traffic Act 1960.