In a recent case concern ing a bus enthusiasts' society
Page 46
If you've noticed an error in this article please click here to report it so we can fix it.
the magistrates ruled that because the maintenance and servicing payment for their vehicle was provided from the same account as the club subscriptions were paid into, part of those subscriptions could be construed as payment for carrying passengers and therefore as a fare.
In the magistrates' opinion the club vehicle was a psv and the driver and the club were fined for using the vehicle as a "stage carriage" without the relevant licences. This seems to have wide implications for other organisations—Scouts troops for instance—which have their own passenger vehicle. What is your opinion?
A it would seem that the magistrates have taken upon themselves to rule on a matter which would have far-reaching implications for all similar organisations, though a different set of magistrates could very well have a different opinion.
In our own opinion the vehicle was not plying for hire and reward and the club subscription could in no way be considered to be payment for carriage of a passenger on the club's vehicle.
Certainly, to be a "stage carriage" the vehicle would have to be used for carrying passengers at separate fares —which it did not appear to be (Section 117 (2) of the Road Traffic Act 1960).
Only the decision of a higher court carries the weight of case law and it is felt that if the club was prepared to appeal against the magistrates' decision it could possibly be overturned.
There are two ways of appealing against the decision of a magistrates' court. An appeal can be made to the Crown Court where the case will be completely retried. The second way is to apply in writing to the clerk of the magistrates' court to "state a case" for the opinion of the High Court on the point of law involved. Three judges hear the evidence and make a decision on that point of law.
This decision is then referred to as a "stated case" binding on all inferior courts.