Horsham-based Hugo Miller, trading as Arun Coaches, is appealing against the decision of Deputy Traffic Commissioner (DTC) John Baker to cut his three-vehicle international O-Licence to one vehicle and to suspend it indefinitely at an Eastbourne Public Inquiry (PI).
Information was received by DVSA that a vehicle, CU51 UCL, had been sighted on public roads during June and July 2024, and at that time the vehicle did not have a current roadworthiness certificate or excise licence.
A written request was made to Mr Miller to supply compliance related documentation, but none was forthcoming.
A follow-up visit took place on 24 September 2024, when a vehicle, ARU 500A, was seen parked at the operating centre. No inspection was made of that vehicle, as Mr Miller had indicated by email that it had not been used for approximately four years. Vehicle CU51 UCL was not seen at the operating centre.
Mr Miller confirmed that vehicle ARU 500A had not been used for approximately four years, and said that that was the only vehicle that should be on the O-Licence record.
After it was pointed out that vehicle CU51 UCL was also an authorised vehicle on the licence, Mr Miller said that his wife, who was now deceased, had been the registered keeper of that vehicle since 1 December 2023, and that it was kept on a farm in Wisborough Green. He had omitted to remove the vehicle from the O-Licence.
Asked about the use of the vehicle in June and July 2024, Mr Miller said he thought that might have been used by his wife and others as a way of promoting and advertising his candidacy in the general election. He had been in Florida until a few days before the election, so had been unaware of that. He wished to retain the licence, but would consider surrendering it at the next stage of renewal.
The DTC had to decide if he believed that Mr Miller did not know that vehicle CU51 UCL was operated for the period in June and July 2024. He was the candidate who was standing for election on 4 July. The vehicle was seen on ANPR cameras on 11 occasions on 4 July and 14 occasions on 5 July. It was highly unlikely that he would not have been aware of its use.
Mr Miller accepted that he might have discussed the use of the vehicle with his late wife. As a minimum, the vehicle should have been subject to a roadworthiness test, and been taxed before use. The vehicle was authorised on Mr Miller’s licence, and the responsibility for the vehicle was not lost by changing the registered keeper to his wife.
Mr Miller was an operator of long standing and had not been subject to regulatory action previously beyond a warning. On the other hand, he had been untruthful in relation to his knowledge of the use of vehicle CU51 UCL, and the fact that the vehicle should not have been on the road at the time it was.
The DTC had decided to draw back from revoking the licence, but nevertheless he believed that this case was serious enough for him to order a suspension of the licence for an indefinite period and a curtailment to one vehicle.
The disc for vehicle ARU 500A should be sent to the Office of the Traffic Commissioner and only returned to Mr Miller when an up-to-date roadworthiness certificate and pre-use preventative maintenance inspection record was provided for that vehicle. No other vehicle could be added to the licence during the period of the suspension.
