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May 08 2019
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


TC approves transfer of business
from one firm to another

The smooth transfer of the business of a company, of which George Weir is director and Transport Manager (TM), to a second company in which he holds the same positions, was approved by Traffic Commissioner (TC) Tim Blackmore at a Leeds Public Inquiry.

The TC was considering action against the three-vehicle international licence held by Dial A Bus (ST), of Conhope Lane, Newcastle upon Tyne, together with a new application for a similar licence by South Shields-based Richmond and Westoe Taxis, trading as Dial A Bus.

The TC said that one of the issues had been a change of directorship for Dial A Bus (ST).  However, it had transpired that that had been an inadvertent error made by the company’s accountants that had since been corrected.

For the two companies, Laura Hadzig said they were seeking to surrender the Dial A Bus licence. The vehicles and drivers would be transferred to Richmond and Westoe, who in the past had been using Dial A Bus’ larger vehicles. The Malik family had shares in both companies.

The TC said that it was in effect a change of entity with everything looking the same. The operating centre was originally the same, but that had now changed. Financial standing for Dial A Bus had not been met for some time.

After considering financial evidence in private, the TC said that he was happy with the Richmond and Westoe finances.

Mr Weir said that he had undertaken some TM refresher training in 2017. His role would not change. Everything would be the same as in Dial A Bus, the only change being the company name.

In reply to the TC, Mr Weir said that brake testing would be carried out every eight weeks. He was arranging up-to-date training for the drivers as there had been an issue over defect reporting. A new driver who had breached the tachograph rules had been suspended and was to receive tachograph training.

The TC granted the Richmond and Westoe licence following an undertaking that they would have an independent systems audit by the end of October.

In accepting the surrender of the Dial A Bus licence, the TC said that on reflection, while technically speaking that company did not meet the financial requirements, as the money was not in the right name, the money was in fact there and vehicle maintenance had not suffered.



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