Q With reference to Q Sr A February 2, he question
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relating to the licence of a driver being able to drive a public service vehicle which is not carrying passengers.
Would you confirm that your explanation is correct? We have always been under the impression that a person with a driving licence has been in a position to drive this vehicle white empty, eg members of our mechanical staff who are not psv licence holders or holders of hgv licences have in the past been in a position to test these vehicles after major maintenance. If your answer is correct, these people now must be qualified psv licensed drivers, or as these vehicles' unladen weight averages between 7 and 10 tons do they require heavy goods vehicles licences?
A You will no doubt have seen the 'explanation set out in CM, March 9. It is not possible to say what would be the opinion of a magistrate before whom a passenger vehicle driver might be brought in the circumstances outlined. Only case law will clarify the matter fully.
If the classification of a passenger service vehicle does not alter with the absence of passengers then the driver of a psv must have a psv driving licence in order to drive it. If a psv driving licence is not necessary, however, then the vehicle may be driven on an ordinary licence issued under Part III of the Road Traffic Act 1972. This is because a passenger vehicle is not a vehicle constructed or adapted to carry goods of burden of any kind. It has been held that passengers cannot be described as goods or burden.