Kilmarnock-based DSM Travel has been ordered to pay £125 in costs after withdrawing its application for a standard O-Licence authorising the operation of one vehicle, with John McCann as the nominated transport manager.
Undertakings were proposed to be attached to the O-Licence that vehicles with eight passenger seats or less would not be operated without the prior written agreement of the Traffic Commissioner, and that limousines and novelty-type vehicles were not to be operated under the O-Licence.
The application was listed for hearing at a Public Inquiry in Edinburgh on 9 April but was withdrawn.
Making the cost order, Senior Traffic Commissioner Kevin Rooney said that the applicant’s conduct in requesting the Public Inquiry — and then withdrawing the application — was unreasonable. It had cost the public purse a significant amount of wasted money.
Under Regulation 8 of the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986/1629, a costs order of £125 was made against DSM Travel for “frivolous, vexatious, improper or unreasonable conduct”, that being the highest amount permissible.
