Minibus driver breaks law 13 times but manages to avoid jail

A minibus driver has avoided jail after repeatedly breaking the law whilst taking passengers to an airport. Brian Budd - the owner of Buddy's Minibus Hire - believed the rules 'didn't apply' to him when he manipulated driving records, said a Cardiff Crown Court judge.

The 60-year-old ran a business called Buddy's Minibus Hire, which was based in Hopkinstown near Pontypridd, and regularly took passengers to and from Bristol Airport. Budd's crimes were exposed after a traffic examiner at Bristol Airport stopped a 16-seater Buddy's minibus and asked the driver, Gavin Lewis, to show his documentation.

The vehicle, which had travelled from Pontypridd, was carrying 10 passengers. Mr Lewis admitted he did not have a certificate of professional competence, reports WalesOnline.

When Budd was questioned about this he claimed to have thought his employee Mr Lewis had all the required qualifications. However, the traffic examiner's discovery led to an investigation into data from the firm's two minibuses – and revealed Budd had been breaking the law while he was behind the wheel.

The offences were in conjunction with a tachograph - a device that records speed, distance, and rest periods for those who drive heavy vehicles. It is meant to ensure they do not go above legal limits on driving hours to prevent fatigue and maintain safety.

But on 11 occasions between September 11 and November 2, 2023, last year Budd drove without putting his driver card into the tachograph – and during another shift, he removed the card before driving a further 93km, the court heard. Budd was prosecuted by the Driver and Vehicle Standards Agency.

When interviewed he admitted he had been driving on the occasions in question "doing trips to and from Bristol Airport". When questioned why he did not use the card he said: "It was a short distance – I knew I was not going to be out all day."

But he failed to explain the occasion when he ejected the card, prosecutor Justin Davies told the court. Mr Davies added: "He said he was not using his card because he was not driving long distances. But you're looking at distances of around 200km covering journeys to Bristol Airport laden with passengers who paid for that service.

"These are breaches of requirements to protect the public. They are sustained periods of driving and there is some evidence of preparation and premeditation. While there is no evidence of poor driving or involvement in accidents the purpose of the legislation is to be prohibitive, not reactive."

The prosecutor asked Judge Shomon Khan to consider the need for a "deterrent" in his sentence. Budd - whose business was based at Llewelyn Street in Hopkinstown, - pleaded guilty to 11 offences of failing to make a relevant record, one of knowingly making a false record – when he took the card out – and one of permitting Mr Lewis to drive a minibus without a professional competence certificate.

However, Budd's barrister Peter Donnison pointed out that his client had not benefited from the tachograph offences. Under the rules for heavy vehicles after four and a half hours of driving time a driver must have a break of at least 45 minutes.

"The prosecution have downloaded all the information from the two vehicles and it shows he never even reached the 4.5-hour mark where he'd need a break," said Mr Donnison. The barrister acknowledged people had been sent to prison for the same offence but argued his client's crimes were "very different" to cases where people fitted heavy vehicles with devices "intended to defeat the tachograph system".

He added: "It's not that he didn't care but he knew the reason behind the regulations – he knew they were there to defend against a particular menace. So, knowing he was not going to get anywhere near those times, he was self-policing. It's not acceptable but he didn't gain anything at all." Mr Donnison told the court his client was essentially a "one-man band" though he occasionally employed drivers to do "particular trips".

He had also recently driven school coaches, which helped him realise the importance of "good practice", said the barrister. He added: "There were a number of offences on his record until 2013 but since then there has been nothing. There are no similar offences on his record.

"He is supported by his family in court and he is devastated to be here because he thought he had left that part of his life behind. He now realises that with his casual approach to regulations he has landed himself in big trouble."

Passing sentence Judge Khan said it was clear Budd "knew full and well" Mr Lewis did not have the required qualifications. The other offences were more serious and suggested Budd thought the rules "didn't apply" to him, the judge added.

"Such cases ordinarily and often attract immediate imprisonment," he told Budd. "You didn't feel bound by the law and your legal requirements, which are there for good reason.

"You continued to offend and there didn't seem to be any reason for it. You didn't care about your legal responsibilities. The regulations apply to everybody to make sure everybody is kept safe."

Judge Khan acknowledged that Budd had no similar previous convictions and that the level of harm was limited. He subsequently imposed a four-month jail term suspended for 12 months as well as 80 hours of unpaid work, £1,480 in prosecution costs, and a victim services surcharge of £154.

Speaking outside court Budd told us: "I didn't put nobody at risk... Nobody's life was at risk at all." Asked why he took the tachograph card out he replied: "I didn't take the card out. I just didn't put one in."

When reminded him of the occasion when he took the card out and continued to drive. "Well maybe I used the bus for my own purposes after that, which I'm allowed to do," he said.

Does he plan to continue with his minibus hire firm?

"It all depends because it doesn't finish here," said Budd. "I have to go in front of the Traffic Commissioner next." He added that he was "optimistic" about his chances.

Get the latest celebrity gossip and telly news sent straight to your inbox. Sign up to our daily Showbiz newsletter here.