The revocation and disqualification made by TC Kevin Rooney have been upheld by the Upper Tribunal on appeal
The revocation of the 20-vehicle O-Licence held by Heathfield, Devon-based Millmans Coaches, trading as Grey Cars, and the disqualification of its Transport Manager (TM) Paul Hamlyn-White from acting as TM for one year and until he had passed a fresh TM’s Certificate of Professional Competence examination by Traffic Commissioner (TC) Kevin Rooney has been upheld by the Upper Tribunal on appeal.
In his decision, the TC said that the company’s licence was granted in August 2002 following the revocation of another licence held by the company. Its vehicles had incurred multiple prohibitions over recent years.
As well as three prohibitions issued at annual test, another vehicle was issued with an immediate prohibition in 2021 because the brake fluid reservoir was empty.
The MoT pass rate was 50% against a national average of 91%. It was said that Mr Hamlyn-White had been too busy to complete the inspection reports contemporaneously, and they hadn’t been completed since March 2022.
One of the company’s vehicles was involved in a serious incident on 12 July 2022 when a diesel spillage caused a major road to be closed and 100 metres of roadway to be resurfaced.
The explanation given – that an item on the road caused a fuel tank to be dislodged – was fanciful.
TC Rooney might have been swayed to allow a small, single-figure authorisation to continue, but Director Diane Millman’s position was that fewer than 16 vehicles was fatal to the business. The TC could not allow a 16-vehicle operation to continue – the risk was simply too great.
Every other vehicle inspected by DVSA while in service was so dangerous that an immediate prohibition was issued. This was an operation that, for the safety of schoolchildren in South Devon and other road users, must be ended.
In its decision, the Tribunal said that the starting point was that this was a very serious case, and it was of note that the TC’s underlying findings about significant maintenance failings and the reckless decision making of the company and the TM were not challenged.
It was not surprising, in the circumstances, that the TC found Mr Hamlyn-White was incompetent as an engineer and lacked competence as a TM. The Tribunal was satisfied that no competent TM would have made the decisions that Mr Hamlyn-White had made. It agreed with the TC that this operation presented a clear and present danger to the public. The company was fortunate that a serious accident had not taken place involving one of its dangerous vehicles.
Millmans Coaches of Devon is not affiliated with any other operator of a similar name.
