Q In answer to a question on February 2, the Q
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and A bureau said that the driver of a psv not carrying passengers needs to have a psv driving licence, but is this answer in fact correct? My fitters often take passenger vehicles out for road tests and transfer vehicles from one point to another but they do not have psv driving licences for these jobs.
Is it not a fact that if the vehicle is not carrying passengers then it is in order for the driver to drive it on his ordinary driving licence?
AIf a public service vehicle licence has been issued for the vehicle and it is taxed and insured as a psv, it is difficult to see how the absence of passengers alone, alters its classification. The wording of Section 117 (1) (a) and (b) of the Road Traffic Act 1960 does not state that, in order to be a psv, the vehicle must be carrying passengers. The Department of the Environment is not specific on this point either. It acknowledges that there is no provision in the Act to exempt a driver from the psv driving licence regulations if he is driving an empty bus. They agree that it is the practice for fitters and others to do so but cannot confirm the legality of the practice.
The DoE says that this is a "grey area" which has never been defined despite its being in existence for some time.
Presumably the problem will be solved by some future case law but in the meantime it would probably be wise to see that your fitters have a psv driving licence.