NUMBER ONE
FOR COACH & BUS

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Roadgas - December 2018
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December 05 2018
By Mike Jewell

Mike Jewell is the industry’s leading legal journalist, covering all key cases brought before Public Inquries, Tribunals, Magistrates and Crown Courts


DTC refuses licence as it would be
operated by partnership

A Wakefield taxi operator who refused an offer of a one-vehicle restricted licence because he wanted to continue with his application for a two-vehicle licence, has had it refused after it was revealed he would be operating in partnership with his cousin.

Shakil Hussain Jumma, trading as Access Transport, was seeking a two-vehicle restricted licence before Deputy Traffic Commissioner (DTC) Gillian Ekins after requesting a Public Inquiry.

The DTC said that Mr Jumma had submitted his application in June and things had reached a bit of an impasse. It was indicated that the two-vehicle licence would be refused.

Mr Jumma was offered the grant of a one-vehicle licence with an undertaking that he does not drive the vehicle.

In reply to the DTC, Mr Jumma admitted he had not taken any legal advice. He said that he rented out 10 taxis trading as Access Cars. He had not applied for a national licence though it was something he eventually wished to go into. To start with the PSV operation would be an add-on to his current main business as he did not think it would generate sufficient income for a year or two.

Mr Jumma’s cousin Mr Hussain said that before applying for a licence they had visited the Traffic Area Office and taken advice. He would be in some sort of partnership with his cousin. If the business grew sufficiently he would sit the CPC examination. 

It was a case of getting a niche market to suit them. They needed to get used to the rules and regulations for operating PSVs before moving on to a national licence. They were currently both sole traders and they would have to perhaps set up a partnership or a limited company, but they felt it was better if it was a partnership. He agreed with the DTC that they were in it 50/50.

After the DTC had pointed out that the financial evidence initially submitted was a bank account in the name of Advanced Taxis, a business Mr Jumma had told her he had sold 10 years previously, Mr Jumma said he hadn’t realised he needed to shut it. 

They had made a lot of mistakes. There had been no intention to mislead anyone.

Refusing the application, the DTC said that the application had been made as a sole trader yet the licence would have been operated by a partnership.

Both men had been open and honest, and they had come over as professional people, but they needed to find a way to meet the regulations.

They could either amalgamate their sole trader businesses so that the partnership had a main occupation or, preferably, apply for a national licence with an external transport manager until one of the partners obtained a CPC.



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