Redhill, North Somerset, based Roy Silvester Marshall, whose bid for a PSV O-Licence was turned down in October 2017, has lost his bid for the return of an impounded vehicle before Traffic Commissioner (TC) Kevin Rooney at a Bristol Public Inquiry.
Mr Marshall had sought the return of the vehicle on the ground that he did not know that it was being used unlawfully.
Traffic Examiner (TE) Gregor Bell stated that on 27 April DVSA personnel were on an intelligence-led joint operation with Avon & Somerset Police targeting known illegal operators at Bristol Airport.
A vehicle driven by Mr Marshall entered the short stay drop-off facility and five passengers alighted. Mr Marshall confirmed that he was operating the vehicle in connection with his Broadfield Park and Fly business. His driving licence prohibited him from driving for hire or reward. He was therefore unlicensed and, it followed, uninsured.
The vehicle was examined mechanically and issued with a prohibition for two immediate and eight delayed defects. The vehicle was impounded and given its dangerous mechanical condition, it was removed by low-loader.
Asked for proof of ownership Mr Marshall offered as evidence the vehicle registration and insurance documents and the TC pointed out that neither was proof of ownership.
Refusing to return the vehicle, the TC said that Mr Marshall was using the vehicle in relation to his park and fly business. The vehicle was fitted with 11 passenger seats in addition to the driver’s. It was therefore a PSV.
Mr Marshall was fully aware of the need for a PSV O-Licence having had an application recently refused. He rejected Mr Marshall’s assertion that he thought he could use the vehicle so long as he didn’t carry more than nine passengers. Even if he did believe that, which he doubted, it was reckless of him not to have made proper enquiries before putting the vehicle to use.
He found no ground made out, nor even close to being made out, to allow him to order the return of the vehicle.
The vehicle was in use carrying passengers in an immediately and seriously dangerous condition. The driver was unlicensed and uninsured, and the MoT was valid for private use only.
Any O-Licence application involving Mr Marshall was to be referred to a TC.
