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Quandary

Discussion in 'Driving and DVLA' started by alan rm, Mar 9, 2015.

  1. alan rm

    alan rm Type 2 · Member

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    My position.
    DVLA informed me not to drive in August 2014. I drive a nine seater Mini Bus for the Council.
    This again was confirmed by DVLA that my license was revoked in December.

    Further flurries of meetings by my employees deciding I wasn't able to do my job properly, Care assistant bit yes, driving bit No,
    so I would have to be re-deployed some where else.....with less money as a Care Assistant and other things, also...
    Occupational health now get involved. They considered that the decision to revoke my license was harsh and will make a appeal. (Council were happy)

    Last week conclusions drawn by Occupational Health and Council (with various bodies) that a Class 'C' on my driving licence wasn't required...
    Oh Happy days, I could drive for Council, I didn't require to be moved or recruitment for my old post... Deep Joy

    BUT....I said the DVLA know what size of mini bus ( spoke to chap at DVLA) and it is in BIG BLACK typeface on various communications from the DVLA regarding driving the said vehicle

    Arh says the Council " but your not driving a bus you are driving a Transit, which has been converted into a Mini bus"

    I requested a letter from the Council and Occupational Health regarding their decision.

    I feel now I have been pressured into driving, no ones going to be none to pleased if I refuse, I be failing in my contact obligations. My main concern is that I be breaking the law and subject to any fine the DVLA would impose. Hoping any letter from Council /Occupational Health would cover me
     
  2. catherinecherub

    catherinecherub · Guest

    Do you actually have a driving licence?

    If you don't then you cannot drive regardless of what your employers are saying.
     
  3. JTL

    JTL Type 2 · Well-Known Member

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    I'm afraid you're committing a criminal offence if the DVLA have said you cannot drive a certain vehicle and you ignore them.
    Anything happens the council can be sued for millions.
    I'm surprised the council have okayed this.
     
  4. Ian DP

    Ian DP LADA · Well-Known Member

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    With a car licence you can drive a transit van up to 3.5 tons. If the log book says the van is 'just' a commercial van under 3.5 ton, then I would say you can drive it. It depends how it is registered with the dvla.
     
  5. Sancho panza

    Sancho panza Type 2 · Well-Known Member

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    Got to agree with jack here if the dvla says no then sorry that's it.
    But it's a transit van that's converted to a mini bus and therefore it's a mini bus like jack says I'm suppressed the council in question is trying this tactic.

    Why have the dvla revoked your licence?
    I'm sorry if this sounds harsh but if they have good reason you shouldn't be driving
     
  6. CollieBoy

    CollieBoy Type 2 · Well-Known Member

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    @alan rm
    Is the minibus 9 seats(i.e. 8passenger & 1 driver) or 9 PASSENGER seats (i.e. 8passenger & 1 driver). If it is 9 passenger seats then it is D1 and you need to try to get this licence back to drive the "minibus".
    Also , is the transit below 3.5 tonnes? if not you can't drive it on your ordinary B1 licence.
     
  7. alan rm

    alan rm Type 2 · Member

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    With all seats in place it's Nine passengers. The arrangement being used is Six seats one place for wheelchair.
    I made the point regarding DVLA ruling, the Council have a copy of my letters.
     
  8. alan rm

    alan rm Type 2 · Member

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    Regards to Sancho Panza My license was revoked by DVLA due to THREE missing readings at separate weekends, including a Bank Holiday weekend. This came to light through a independent Medical report provided for the DVLA. The missing readings were actually on my old meter which the Doctor didn't read. Also unable to download on computer for readings due to the age of machine.
    Of course I can now provide over three months worth of readings.
    It was consider harsh (also by my Nurse) that my sugar levels had shown a decrease, also my weight touching sixteen stone for 6ft 4ins that I have come off the Obsess list and I am taking less insulin
     
  9. Ian DP

    Ian DP LADA · Well-Known Member

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    From the dvla web site:-
    Category B (car licence)
    You can drive vehicles up to 3,500kg Maximum Authorised Mass (MAM) with up to 8 passenger seats (with a trailer up to 750kg).
    *******************
    If you still have your car licence, this is what you can drive.
    I doubt very much that a transit van will be over 3.5 tons....although it may be getting close with 8 heavy passengers.
     
  10. Sancho panza

    Sancho panza Type 2 · Well-Known Member

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    Ah then on this point I would agree that it seems the dvla are treating you harshly

    I still think that its dubious for your employer to try to say it's a transit, it may have started life as such but being converted makes it a mini bus. And as such I believe it's subject to a much more stringent road test etc.
    So I can fully understand your concerns in your original post I wouldn't be happy risking my licence or a fine on what seems to me a very grey definition of what the vehicle actually is.
     
  11. alan rm

    alan rm Type 2 · Member

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    This is how the Council are reading the rules. For a number of years the larger Mini buses have been withdrawn from service and smaller vehicles are being used. The criterion by the Council to use staff with 'normal' categories able and available to drive, hence the multi tasking job titles. It then smoothed with cream by staff doing Middas training.
    Hopefully a manager may make an appearance and discuss the matter with me.
    A bit of a cowards way out.. apply for promotion..... too old and tired for all this dragon slaying nonsense and up the workers
     
  12. alan rm

    alan rm Type 2 · Member

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    Not totally mad with DVLA after all there has to be some guide lines to work within. It's the time element regarding replies. Taken nearly two and half months to receive a response.The system someone to take a hard look at it to improve not only for the customers but also for staff at DVLA who must be under a tremendous pressure and workload.
    For now I shall carry a couple of shovels and wheelbarrow with cement in it and play Bob the Builder on the CD
     
  13. alan rm

    alan rm Type 2 · Member

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    Been advised by DVLA I am legal driving my own vehicle, even issued new photo license in August 2014
     
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  14. Ian DP

    Ian DP LADA · Well-Known Member

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    I am sure this means you can drive a transit van up to 3.5ton with up to 8 passenger seats. Check on the dvla web site to confirm, but this is my understanding..... I have had some similar issues as our motorhome was over 3.5 ton..... Now sold and replaced with one under 3.5 ton.
     
  15. alan rm

    alan rm Type 2 · Member

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    Sorry for not concluding story or next part any earlier, problems with computer.
    I received a short letter from HR saying no conflict, carry on driving all legal.
    Before that letter arrived looked into it even further with Ian DP suggestions and found that I am able to drive with normal car licence, as mentioned by Ian DP vehicle has only nine seats under 3.5 tonnes
    Meanwhile, will send letter from HR to DVLA to inform

    Many thanks to those who placed a message

    Regards
    Alan
     
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  16. Tesb

    Tesb Type 1 · Newbie

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    Could somebody clarify for me please. I am a childminder and looking to purchase a van. Can I drive a vehicle with 8 passenger seats, ie is it 9 seats in total, one for the driver and 8 passengers. Or is it 8 seats in total ie 7 passengers? Please? I can’t find clarification on DVLA site and I was 20 on the wait list when I called today!!
     
  17. JTL

    JTL Type 2 · Well-Known Member

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    8 seats total.
    But if full of people it weighs over the three and half ton limit then no you can't drive it.
     
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