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routeone > Legal > ‘Bullying’ behaviour results in licence loss
Legal

‘Bullying’ behaviour results in licence loss

routeone Team
routeone Team
Published: March 13, 2018
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Professional drivers should be co-operative with the DVSA, says Traffic Commissioner

The licence of a George Young’s Coaches bus driver has been revoked for 12 months by Traffic Commission (TC) Nick Denton.

Michael Furnival, 66, of Primrose Close, Ross-on-Wye, was called to a conduct hearing before the West Midlands Traffic Commissioner on 22 February 2018.

Mr Furnival was driving a 33-seater bus at a school in Gloucestershire in July 2017 when a Traffic Examiner (TE) carried out a check on his driving licence.

DVLA records indicated Mr Furnival’s PCV driving entitlement had expired on 19 May 2017. When the DVSA officer told Mr Furnival that he needed to make further enquiries with DVLA, Mr Furnival said he was driving off the school premises to have a cigarette.

The TE said he should not drive away until the checks had been made. However, Mr Furnival did so with the DVSA officer onboard. The examiner had to press the emergency exit button in order to leave the vehicle.

When Mr Furnival returned, another TE approached the vehicle but he was shouted at by Mr Furnival. He then drove off at speed, forcing the TE to step backwards.

Further evidence from a public liaison officer claimed Mr Furnival had sworn and been angry and abusive in two phone calls.

At the hearing, the DVSA traffic examiner told the regulator that subsequent investigations revealed Mr Furnival was entitled to drive a PCV. On the day of the TE’s encounter with Mr Furnival, the results of a medical test were being considered by the DVLA.

During his own evidence, Mr Furnival said he had given the TE an opportunity to step off the bus before he drove away. He also claimed that the TE’s career was finished and subsequently left the conduct hearing, shouting that the TC could take his licence away.

In a written decision, the TC said Mr Furnival had displayed the same aggressive behaviour during the conduct hearing that had been described in DVSA’s reports.

“A professional PCV driver should engage with and co-operate with the DVSA,” he added.

“Mr Purnival chose the path of confrontation, driving off when had been told not to, and doing so with a TE on board, causing the latter to fear for his safety and the Senior TE Nicola Darby to call the police.”

He concluded that Mr Furnival’s conduct had been “bullying, threatening and wholly intemperate”, falling far short of that expected of a professional driver.

Mr Furnival’s entitlement to drive PCVs and large goods vehicles (LGVs) was revoked on 1 March 2018 and he will be disqualified for 12 months

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