A coach driver has lost his bid for his own PSV O-Licence following concerns over whether he met the main occupation rule
Manchester-based Khuzema Kapacee, a driver employed by Selwyns Travel, has lost his bid for a PSV O-Licence of his own.
Mr Kapacee had sought a two-vehicle restricted licence before Deputy Traffic Commissioner (DTC) Miles Dorrington.
The DTC said the concern was whether or not Mr Kapacee met the main occupation rule, as the PSV work should not be the main occupation. He had explained that he wanted to do school contracts for the City Council and other private hire work. He had said that if the licence was granted he would reduce the hours he drove for Selwyns Travel from 45 hours a week to 20 hours.
In reply to the DTC, Mr Kapacee said that he had not prepared a business case or done any costings. He would start with one vehicle and pay around £2,000-£3,000 cash for it.
He had not looked at depreciation for that capital asset, and he did not know how many miles per gallon it would do laden or unladen. Maintenance would cost about £40 every 10 weeks plus any necessary repairs. He would not drive himself and would pay a self-employed driver £150 a week.
He thought he would earn around £500 a week from a school contract. He would see how the business went and then reduce his hours. He worked five days a week for Selwyns. He would do all the admin work for his business and would tell Selwyns if the licence was granted.
Asked how he was going to comply with the Working Time Regulations (WTR) if he was doing 45 hours a week for Selwyns and doing his own business’ admin work, he replied that he would reduce his hours for Selwyns. He agreed that the work he did for his own business would count as ‘other work’ and that it could put his work for Selwyns in difficulties.
After the DTC had said he estimated that Mr Kapacee would need to spend five hours a week in regard to his own business, which clearly took him over the WTR 48 hour week if he was doing 45 hours for Selwyns, he said that he thought he would be doing 30 hours for Selwyns. He did not see how reducing his hours to 30 would be a problem for Selwyns. He had no idea whether Selwyns would allow him to run his business in competition with them.
The DTC commented that what Mr Kapacee would be paying his driver would be about the same as he would be earning from Selwyns, and Mr Kapacee said that as the business grew he would be driving himself.
Refusing the application, the DTC said that on a rough calculation Mr Kapacee’s net profit would be £15,000 to £16,000 and if he reduced his hours with Selwyns he would be earning less than that from them.
He was not persuaded that the PSV work would be incidental to his employment with Selwyns. PSV operation was more lucrative than working for someone else.
