Sydney Hardy, the sole Director of Somerset-based Nippy Bus has been disqualified from holding or obtaining a PSV O-Licence and from acting as a Transport Manager (TM) for 10 years by Traffic Commissioner (TC) Kevin Rooney after the company ceased operating its local services without giving the required 56 days’ notice.
The operator, which held a 30-vehicle national licence, was called before the TC at a Bristol Public Inquiry but failed to attend.
The TC said that the firm closed with no notice on Sunday 29 October and that it had nine registered services at that time. A letter of explanation, dated 25 October 2017 was received at the Central Licensing Office in Leeds office on 31 October, pointing to issues such as driver shortages and the difficulties of operating buses in a rural environment. Mr Hardy closed saying: “As you read this, we have ceased to trade and are surrendering our licence. While I will be left with personal debt due to director’s personal guarantees that will cost me everything I own and more, at least I know I will never have to work in this industry again.”
The holders of PSV O- Licences are authorised to, in simple terms, earn a living and make a profit from providing a public service. However, with that authority and opportunity comes responsibility and duty, most importantly to the community who relied on the service.
He did not know the full circumstances surrounding Mr Hardy’s decision to close his business. It was clear from the DVSA evidence that there were vehicle maintenance concerns. There have been 19 prohibition notices issued to the company’s vehicles in the past five years.
In October 2017, a vehicle was issued with a prohibition for a door not operating correctly. When presented to DVSA to have the prohibition removed, it received another prohibition for a missing brake pad securing pin on the front axle. Presented later that same day, it was prohibited again for the replacement pin being too small. Mr Hardy might have an explanation, but he had chosen not to provide it.
There was no doubt that spending pressures from central and local government made operating rural bus services a challenge. Mr Hardy was perfectly entitled to bring his operation to an end. However, he needed to do so in a way which allowed an opportunity for those services to be replaced or, at the very least, for his patrons to make alternative arrangements. That was why the law requires 56 days’ notice of changes to or cancellations of registered bus services.
In closing his business as he did, Mr Hardy showed utter contempt, not just for his staff who were laid off with no notice, but also for the community which he served. Mr Hardy said he was leaving the PSV industry. It was right that he did so. It might be that his decision had no effect on him and his future plans but in making it, he hoped it might persuade other operators in a similar situation to manage any closure in a better way. Mr Hardy had lost his good repute both as a TM and as an operator.
