The licence was revoked following multiple prohibitions and a failure to adhere to drivers’ hours and record requirements
The six-vehicle national licence held by Barry-based school service operator Harton Coaches was revoked with immediate effect by Traffic Commissioner (TC) Nick Jones, after he held that its business must close in the interests of road safety and public protection.
The company, of Atlantic Crescent, Barry, had been called before the TC at a Cardiff Public Inquiry (PI).
Vehicle Examiner Gareth Prismark had reported the issue of a safety critical prohibition for a tyre worn beyond the legal limit, the issue of two immediate prohibitions during an arranged fleet inspection in August 2016.
Another prohibition, for an inoperative brake, was issued at a vehicle’s annual test in March 2015. When one of the vehicles was presented to show that the defect had been removed, it failed on a brake test defect.
Only one fitter, Director Mark Harris, was available to maintain the entire fleet of six vehicles. There were an alarming number of brake test failures on the company’s vehicles when presented for MOT. Vehicle defects identified by DVSA inspectors at an MOT were not being identified by Mr Harris when vehicles were being prepared for the annual test.
Traffic Examiner Alexander Bell had reported a failure to adhere to the drivers’ hours and records requirements and a failure to implement any working time directive records for the company’s drivers.
Sian Thomas, of Bus Users Cymru, had reported that the bus service the company operated from Barry Waterfront to Culverhouse Cross didn’t run to the timetable.
In his decision, the TC said that there was no Transport Manager (TM) in place at the date of the PI, the previous TM Shayne Lewis being ill. There was no one identified to replace him as at the date of the PI.
There were school contracts in place and the schoolchildren needed transportation to school by someone else with very little time to arrange alternatives. Some members of the travelling public would be adversely affected by the failure of a registered service, which would not run after that day.
However, there were significant road safety issues, and public safety and the safety of schoolchildren took precedence.
Mr Harris had told him that he would leave the industry and would not seek to re-enter it. If he did seek to re-enter he would be referred to a Traffic Commissioner, with the expectation that the numerous and serious failings identified would be considered.
Holding that Mr Lewis had retained his repute as TM, the TC said that he was recording that he was ill and was not carrying out the role. DVSA reports pointed to some good features in respect of Mr Lewis, including his paperwork, notwithstanding that the serious failures identified.
If and when Mr Lewis was involved in any fresh application as a TM, that would be referred to a Traffic Commissioner with an expectation that he would be required to attend a hearing. He would also be expected to have attended a two-day specialist TM refresher course.
