| Stretching
the law
(13/5/2004)
An Aberdeen limousine
owner claimed that advice he had received from
the DVLA meant that his vehicle could legally accommodate
14 passengers.
Elite
Super Stretch Limos of Aberdeen, which
specialises in children's parties, has
been accepting bookings for up to 14
passengers as compared to the legal
limit of eight.
Proprietor
Neil Smith told the Aberdeen Evening
Express that the DVLA had authorised
the firm to carry up to 14 passengers in
its vehicles, but in fact the DVLA,
Vehicle and Operators Services Agency
and Grampian Police informed the
newspaper that carrying over eight
passengers would be in breach of the
law.
Vehicles
carrying more that eight passengers must
be licensed as Passenger Carrying
Vehicles, but since stretch limos cannot
meet the strict criteria required for
the grant of such a license they are
often unable to legally utilise their
full seating capacity.
The
Evening Express contacted 10
firms to ask if they would accept a
booking for 10 children. Only
Elite would accept the booking.
When challenged by the newspaper Mr
Smith said that the police guidelines
were 'rubbish' and that the DVLA had
issued him with a Certificate of Initial
Fitness which permitted him to carry up
to 14 passengers in one limo. But
Mr Smith declined to produce the
document when challenged. He also
claimed to be covered by insurance,
while
specialist insurers confirmed that
carrying more than eight passengers
would invalidate any policy.
In
fact it is the Vehicle and Operators
Services Agency which issues COIFs, but a
spokesman confirmed that no limo in
Scotland had ever been issued with one.
Guidelines
Grampian Police have issued guidelines
stating that limo operators must license
their vehicles as private hire cars
unless they are hired only to customers
exclusively for periods of not less than
24-hours. Limos used only for
weddings and funerals are also exempt
from licensing.
Using
unlicensed limos for short-term hires
and for carrying in excess of eight
passengers can result in the driver and
operator facing criminal charges.
Firm
fined
Meanwhile, a Devon stretch limo
operator has been fined for carrying
more than the eight passenger allowed by
law.
Class
Above Limousines of Newton Abbot were
found to be carrying a dozen children on
an outing to a swimming pool, with most
not wearing seatbelts and some leaning
out of the limo's windows. Another
vehicle had a defective handbrake and a
third vehicle had serious defects.
The
firm's owner and partner were fined
£1,615 and £255 respectively. A
part-time driver was given a six-month
conditional discharge.
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