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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