Vehicle & Operator Services Agency v Johnson [2003] EWHC 2104 (Admin) (30 July 2003)

Vehicle & Operator Services Agency v Johnson [2003] EWHC 2104 (Admin) (30 July 2003)

The justices were entitled to find, based on the design, layout, and practical use of the limousine, that it was not adapted to carry more than eight passengers, and thus was not a public service vehicle under the statutory definition.

Source-derived case information.

Citation
[2003] EWHC 2104 (Admin)
Parties
Claimant: Vehicle & Operator Services Agency; Defendant: Alun Marcus Johnson
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Prosecutor's Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Public Service Vehicles, Vehicle Adaptation, Statutory Interpretation, Road Traffic Offences
Criminal Law Transport Law Administrative Law Public Service Vehicles Vehicle Adaptation Statutory Interpretation Road Traffic Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Vehicle & Operator Services Agency

Claimant

Alun Marcus Johnson

Defendant

Procedural Posture

Prosecutor's Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the stretch limousine was 'adapted to carry more than eight passengers' and thus a public service vehicle under the Public Passenger Vehicles Act 1981
  2. 2 Whether the vehicle's seating arrangement and dimensions made it suitable for carrying more than eight passengers as defined by statute and regulations

Ratio Decidendi

The justices were entitled to find, based on the design, layout, and practical use of the limousine, that it was not adapted to carry more than eight passengers, and thus was not a public service vehicle under the statutory definition.

Court Disposition

appeal dismissed

Orders

  • Respondent's costs summarily assessed at £2,689.58 to be paid out of central funds