Though granted an increase in authorisation from five to nine vehicles, Motherwell-based United Coaches was ordered to pay a penalty of £2,000 by Traffic Commissioner (TC) Joan Aitken after becoming involved in a “bus war”.
The operator had been called before the TC because of concerns over vehicle maintenance, bus service operation and the possibility that sole Director Helen McGroarty was either a front or being used by others, notably Stuart Chapman, whose licence was revoked along with a licence held by Stepend Coaches, of which he was a Director, in August 2011.
Mrs McGroarty said that she had a static snack bar business in an industrial estate and that she came to know people who had coach and bus businesses or who worked in them through that. She enjoyed listening to them.
She became aware that Scott Bruce wanted to sell United Coaches and she purchased that company’s shares. She did not buy any of the company’s assets nor did she take over any premises.
She bought a company which held a PSV O-Licence. United Coaches did not operate any registered services at the time so there were none to continue. She did not buy any vehicles from the company. No other person had a proprietorial role in United Coaches – it was her business.
She employed Mr Chapman as Workshop Manager, mechanic and driver. He was also her landlord. All the company’s work was now local registered services, with three services being registered in 2016. She was steered in that direction by Mr Chapman who advised her.
Evidence was given by Bus Users Scotland (BUS) that the registering of those services put United Coaches into direct competition with services operated by McGill’s.
That gave rise immediately to unpleasant and potentially unsafe behaviour between servants of the two operators and police involvement was necessary.
The services had been varied, most recently by short notice applications supported by SPT given withdrawal of some McGill’s services in the area.
In her decision, the TC said that there was no evidence that Mr Chapman owned or controlled United Coaches.
He was an employee and appeared on the accountant’s list of United’s payroll employees.
Mrs McGroarty had no insight into the consequences of registering competing local services in the operating environment, which was difficult.
Essentially, the registering of those services was provocative and sparked a “bus war” such that she had not seen for many years. The registration timings had the effect that United and McGill’s’ buses would often run at almost the same time, a situation exacerbated by roadworks.
There was bad behaviour by personnel from both operators and third parties making mischief through intemperate posts on social media.
The TC had no doubt that Mrs McGroarty was very badly advised by Mr Chapman. She must reflect on his proximity to the business.
The report from BUS, the high MoT fail rates and the age of the vehicles, showed that this was an operation that needed to improve.
It was not clear what Mrs McGroarty got for the payment to Mr Bruce. She could have applied for a licence in a company incorporated by her.
Mrs McGroarty was not well served by Mr Chapman and it did not please the TC that her main adviser was a revoked operator.
