Minibus was impounded following concerns that it was unroadworthy, and had been driven by a driver without the proper licence and insurance
A bid for the return of a 13-seater impounded minibus by Lulsgate, Bristol-based Gregory Wedlake has been turned down by Traffic Commissioner (TC) Kevin Rooney following a Bristol Public Inquiry.
Traffic Examiner (TE) Amy Comer said that on 4 May, DVSA examiners undertook a test purchase targeted check. She and a colleague saw the minibus arrive at the airport with 12 DVSA examiners on board.
The driver was Derek Davies, and he was the holder of a restricted category D1 driving licence which meant that he could not carry passengers for hire or reward. The vehicle was registered to Gregory Wedlake, and the insurance was in the name of Mr and Mrs Wedlake.
Vehicle Examiner Luke Miller inspected the vehicle and found it to be unroadworthy and an immediate prohibition notice was issued. The vehicle did not have a certificate of initial fitness or the benefit of a PSV MoT test.
For Mr Wedlake, James Bennett said that it was the Mr Wedlake’s position that Mr Davies was not working in accordance with his instructions on the day the vehicle was detained. Mr Wedlake did not know that the vehicle was being used to transport customers on that day.
Mr Wedlake said that the minibus was sign-written in the name of the businesses The Forge Hotel and Forge Car Park merely as a source of free advertising. Mr Davies had borrowed the minibus on the week in question because his own vehicle had broken down. Mr Davies had full use of the minibus as if it was his own private vehicle.
Mr Davies said that he was employed by Foxford Leisure owned by Mr Wedlake. He worked nights booking customers in and then driving them back to the airport in their own car. He had been using the minibus all that week and for two days the previous week.
For DVSA, Felicity Hine argued that Mr Davies was using the vehicle in the business on that day. He was not on a frolic of his own, but was using the vehicle in the course of his employment.
The TC said that documentation in support of ownership was supplied in the form of an invoice between Manheim Auctions and Forge Car Sales, the sole Director of which was Mr Wedlake. The application was made by Mr Wedlake as an individual. He had no evidence that he had personal ownership of the vehicle. The application therefore must fail.
Having left the person responsible for the transfer of customers in possession and control of a minibus, a reasonable person would have made inquiries or left instructions that the vehicle should not be used. That did not happen. He could only conclude that he did not ask the question, or deliver the instruction, as he knew it would cause operational inconvenience.
Not only was the vehicle used without the benefit of an O-Licence, it was driven by an individual who did not have the appropriate licence, and was therefore uninsured. The vehicle incurred an immediate prohibition which meant it had to be removed from the airport by suspended tow. That was reckless in the extreme and pointed directly to a high degree of fault.
