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Whena minibus is a psv

2nd January 1976, Page 34
2nd January 1976
Page 34
Page 34, 2nd January 1976 — Whena minibus is a psv
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Which of the following most accurately describes the problem?

by Les Oldridge, TEng (CEO. MIMI, AMIRTE EDUCATION authorities, schools and colleges, parent teacher associations, youth clubs and many other organisations, including some charitable ones, have been running into difficulties recently over using minibuses in circumstances where it may be held that they are public service vehicles.

One charitable organisation presented a minibus to a group which intended to use it to carry under-privileged persons on outings at very low fares. Members of the group intended to volunteer, in turn, to drive the vehicle with no payment. The fares charged were to be used to cover running. They were informed that a vehicle used in these circumstances was a "psv and must be licensed as such.

If the vehicle was so licensed the construction of the vehicle would have to be modified to include many additional safety features; the driver would have to hold a psv driver's licence and all the regulations governing the use of psv would have to be observed.

"Public Service Vehicle" is defined in Section 117 of the Road Traffic Act 1960 as a motor vehicle used for carrying passengers for hire or reward which either: (a) is carrying passengers at separate fares, or (b) is not carrying passengers at separate fares but is adapted to carry eight or more passengers.

In order to escape the need for a psv licence the vehicle must not be used "for hire or reward," so it is necessary for the entire expenses for any journey to be met by the owners of the vehicle. The passengers must not contribute in any way; if they do then the vehicle is being used "for hire or reward " and it becomes a psv.

Where the amount paid by the passengers is for something in addition to the travelling expenses, say, for example, admission to a theatre, the vehicle is still a psv.

Birmingham and Midland Red Bus Co v Nelson (1932) 1 K.B. 188 and Drew v Dingle 1934 98 are two cases which illustrate how strictly the law in this connection is interpreted. In the former case a railway company ran excursions to a certain station, where the defendant's buses met the passengers and took them to a chocolate factory. The railway company received an exclusive fare from each excursionist and paid the defendants a sum exceeding one shilling for each passenger carried on the buses. It was held that the buses were express carriages, it being immaterial that nothing was paid to the defendants by the passengers.

In the other case a lorry owner regularly carried other people's goods to market and took some of the people with their goods. It was held that the vehicle was an express carriage, although the driver contended that the payments were for the carriage of the goods only.

Breach of contract

The problem of avoiding psv licensing is not solved by hiring a " drive yourself" minibus. For the period of hire the hirer is regarded as the owner. If he uses the vehicle as a psv he commits an offence in just the same way as if the vehicle were his own. Additionally, he could quite well be committing a breach of contract, for the hire contract which he signed is likely to contain a clause requiring him to refrain from any unlawful use.

These restrictions are not merely red tape, as some people contend. If 12 or more persons are carried in a small vehicle not constructed and maintained to psv standards and driven by a driver not professionally qualified then the risks are obviously much higher than if the transport for the journey is provided by a firm specialising in this work and being properly licensed to carry it out,

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Locations: Birmingham

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