Stopped with no PSV on work van

[chris2009]

Hi All

 

I was stopped at a routine checkpoint about 2 months ago with the work van which had failed its psv 2 days previous and was awaiting retest.

 

The police man at the time said it was just a £60. fine and that would be the end of it, he gave me no fix penalty at the road side but he removed my psv disc and said I would receive the fine in the post .

 

I couldn't believe my eyes today when the post man brought a court summons for the offence.

 

Is there anything I can do?

 

Thanks

[filrobbo]

Sorry but you say van dident know a van had seats

[chris2009]

Hi

 

Thanks for the reply.

 

It only has the front seats and shelving in the rear as its a service vehicle.

 

 

Thanks

[filrobbo]

Well how can it be a psv a psv has to have more then eight seats and be used for,

carry paying passengers, PassengerServices Vehicle or a PCV Passenger Carrying Vehicle .

Edited June 16, 2013 by filrobbo

[chris2009]

Hi

 

I'm in northern Ireland and its definitely a PSV issued.

[sailor sam]

As above. Something ain't right here. Also, its' unusual for the police to 'predict' the out come in court apart from indicating the worse case scenario. In any event, I would of thought the offence would only be 'complete' had the OP been carrying passengers and he didn't hold the necessary entitlement to drive a PCV on his licence.

 

Are we really getting the full story here?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[chris2009]

Hi Sam

 

The vehicle is a private light goods vehicle a transit 350 and in northern Ireland is issued a PSV and has no seats in the rear.

 

There is nothing else to the story only I was stopped by the police at a check point where the police man said I would receive a £60 fine in the post but instead I received a court summons.

[sailor sam]

Easy defence then I would of thought. There is nothing in the PSV regs (Northern Ireland) 1985 to say that a transit 350 automatically is issued with a PSV. Furthermore, the regs apply to vehicles adapted to carry more than 8 passengers. If your vehicle had no seats in the rear, then I would say it was exempt from the regs.

 

One question though, why would you want to "re-test" it for a PSV if it has no seats?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[chris2009]

I have checked this out and you are both completely right and I'm completely wrong.

 

My father has always told me the vans had a psv but this is incorrect the vehicles have a goods vehicle license.

 

Is it normal for a police officer to issue a summons for this even though he said there would be no summons or points and we would just receive a £60 fine?

 

Thanks

[filrobbo]

I thourght you only have to have a goods vehicle licence for over 7.5 ton

[Raykay]

I expect he means the N.I. mot test certificate disc.

[ericsbrother]

So, in short, you were stopped and now summonsed for driving without an MOT?

[chris2009]

Yes thats correct.

 

But at the time I thought if the vehicle was booked in for an mot it was ok to drive, but I know different now.

 

Thanks

[crem]

But at the time I thought if the vehicle was booked in for an mot it was ok to drive, but I know different now.

 

Only if it is being driven directly to or from that booked MOT

[mal7197]

Hi,

 

Police Officer's are unable ti issue a fpn for no MOT so hence the summons. I think he may have been trying to pacify you over the size of fine but as this case now shows he should not have said anything. I would write to Police HQ concerning this as there is time to withdraw the summons or offer no evidence at court on the day.