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routeone > Legal > ‘Untruthful’ witness loses O-Licence
Legal

‘Untruthful’ witness loses O-Licence

routeone Team
routeone Team
Published: February 16, 2018
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Broxburn-based Ian Adam, trading as Harlequin Coaches, was disqualified from holding a PSV O-Licence and acting as a Transport Manager (TM) for four years after his eight-vehicle licence was revoked by Deputy Traffic Commissioner (DTC) Hugh Olson after he had allowed his licence to be used by disqualified operator John Campbell.

Mr Adam was called before the DTC at a two-day Edinburgh Public Inquiry along with Shotts-based Destination Coach Hire, with a six-vehicle licence, because of concern over their connections with John Campbell, who traded as Vision Travel.

In May 2016, John Campbell’s licence was revoked and he was disqualified from holding or obtaining an O-Licence for six years [routeone/Court Report/1 June 2016]. That decision was upheld by the Upper Tribunal on appeal [routeone/Court Report/12 April 2017].

Senior Traffic Examiner Alexander Davidson said that he interviewed Mr Adam after a Harlequin Coaches vehicle, which did not have a current test certificate, was checked at a Falkirk school.

Mr Adam stated that the driver of the vehicle had previously been employed by Vision Travel and that he had moved with the rest of the Vision Travel staff to Harlequin Coaches. He explained that he had leased the vehicle from John Campbell and that John Campbell took the “Vision Travel vehicles for test”.

He was later contacted by Mr Adam who said that he had stopped any involvement with John Campbell. He also said that John Campbell and his son, Graeme Campbell, had purchased Destination Coach Hire. Of the seven vehicles specified on his licence, the registered keeper of four of them was Vision Travel or John Campbell.

Mr Adam said that he had heard on the TV news that John Campbell had lost his O-Licence. He phoned Vision Travel’s contracts manager, Eric Rillie, who proposed that he should take over Vision Travel. 

He reached an agreement to take on the drivers, but he did not take over the business because there was not a business after John Campbell stopped trading. He also agreed to lease the Vision Travel buses.

John Campbell would continue to do some of the repairs and maintenance of those buses. It was agreed that he should take over the lease of the Vision Travel premises in Linlithgow but that never happened. Instead, Vision Travel’s vehicles continued to operate out of the Linlithgow premises and Harlequin’s vehicles continued to operate out of the premises in Uphall. There was no discussion about the price of leasing the vehicles or the premises.

Destination Coach Hire’s former Director and TM George McLean said that he had decided to sell the business because of his health and his two sons were not interested in continuing the business without him. The business was advertised for sale on the internet. He received a telephone call from John Campbell, who said his son Graeme had sold up in Australia and had been going to take over Vision Travel, but the Traffic Commissioner had closed him down.

Graeme wanted a business of his own. Mr McLean met with Graeme Campbell and his wife, Pauline, and they agreed a sale. As part of the agreement he would provide consultancy services and act as TM for at least three months. Their relationship broke down after the sale and he resigned as TM with effect from 21 April 2017.

Graeme Campbell said that his father had not been involved in Destination Coach Hire. John Campbell had driven for Destination Coach Hire on one occasion to cover when he had been on a CPC course. The work that they did with Destination Coach Hire was similar to the work that John Campbell had done with Vision Travel.

Making the revocation and disqualification orders, the DTC said that he considered that Mr Adam was not a truthful witness. The impression he got was that there were significant areas that were being concealed or glossed over – for example, the true nature of his relationship with John Campbell and the extent to which John Campbell was using Mr Adam’s vehicles.

Suspending the Destination Coach Hire licence until an acceptable TM was nominated on the licence, the DTC said that he was satisfied that the company was purchased by Graeme and Pauline Campbell with their own money and that it was not a front for John Campbell. However, the company had not had a TM since 21 April 2017.

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