The O-Licence held by Wigan-based sole-trader Brian Finch, trading as F E Finch Coaches, has been revoked with effect from 20 July, after it was revealed that he had been operating as a partnership with his wife, Pauline, for three or four years.
Mr Finch, of Moat House Street Garage, Ince, Wigan, with an eight-vehicle licence, had been called before Traffic Commissioner (TC) Simon Evans after an unsatisfactory maintenance investigation.
It came after the death of driver Wayne Lannon who was working on a bus at Chester Zoo when it rolled on top of him [routeone/21 June 2017/News].
The TC said that the hearing was not about the circumstances of the accident because other inquiries were ongoing into it.
Vehicle Examiner (VE) Graham Brock said three vehicles he examined in August had advisory defects. The fourth vehicle was given an ’S’-marked delayed prohibition for a defective tyre. The defect was easy to find and Mr Finch admitted he had missed it when he inspected the vehicle three days previously.
A vehicle attracted an immediate prohibition in August 2015 for seating defects. The vehicle had been inspected by Mr Finch two days previously.
An out of date inspection sheet was in use and the forward planner did not show six months in advance. Mr Finch subsequently wrote outlining the steps taken to put matter right, including he would ask a third party to inspect a vehicle after it had had its safety inspection to ensure standards were met.
Mr Finch said in the main worked for schools and colleges with private hire in between. He had “two very good men” who assisted with maintenance. He hadn’t moved the wheel to check the tyre on the vehicle given the ‘S’-marked prohibition as another bus had come in with a leaking radiator. He might also have been called to the phone.
The lighting in the pit had “not been brilliant” and it had been improved since the VE’s visit. They now had two people checking tyres and the time allowed for inspections had been increased. He agreed that the promised audit of each preventative maintenance inspection was not yet in place.
After the TC said that accounts produced were in the name of B & P Finch, Mr Finch said the accountant had suggested he bring his wife on board to reduce tax.
A partnership was formed three or four years ago. He knew he should have changed the licence. He couldn’t answer why he didn’t do it. He was prepared to nominate Paul Schofield, who was booked on a TM’s refresher course, as his replacement as TM.
Mr Schofield said that he held a CPC and in reality he was the TM, with Mr Finch spending 75% of his time in the garage.
Revoking the licence, the TC said any new licence would require preventative maintenance inspections carried out by a third party with measured brake tests at every inspection.
The operator subsequently applied for a new O-Licence for the partnership; a decision on whether to grant it is awaited.
