The TC found that the licence had been used illegally for a time, as well as drivers’ hours and financial issues
The one-vehicle restricted licence held by Llanfairfechan-based Anna Hutchinson, trading as North Wales Open Learning, has been revoked with effect from 15 December by Traffic Commissioner (TC) Nick Jones, on grounds of repute and financial standing.
Evidence was given that on 26 November 2016 Anna Hutchinson’s vehicle was subject to a roadside check, where it was discovered that the driver, Colin Rogers, had failed to take sufficient daily rest on four separate occasions.
The driver was issued with fixed penalties amounting to £500. As a result, Traffic Examiner (TE) Nia Daniel conducted an investigation.
Ms Hutchinson and Mr Rogers were engaged in the transport of their own children along with other pupils to Caergeillog Primary School in Anglesey. During the time leading up to the investigation they were also carrying out private hire work.
Analysis of data revealed that the digital recording equipment had not been downloaded since 27 May 2015, exceeding the legal requirement by 548 days.
The driver card for Mr Rogers prior to the encounter on 26 November 2016 had never been downloaded. Analysis also revealed that the vehicle had been driven both in and out of scope on 25 November 2016.
Mr Rogers explained that there were no timesheets or other work records for himself or for Ms Hutchinson. Mr Rogers said that all his driving was on the digital driver card; there were no printouts for the production period concerned and he was paid a weekly rate, albeit there was no proof.
Although Ms Hutchinson was the licence holder, it was Mr Rogers who knew more about the business and its workings. Various drivers’ hours offences were identified in respect of both Ms Hutchinson and Mr Rogers.
During interview it was confirmed that Mr Rogers managed the business on a day-to-day basis – he was a part-time employee, self-employed paying his own tax and national insurance contributions, but currently he did not earn enough to pay any tax.
Mr Rogers admitted that the licence had been used illegally for a period of time by Premier Cars, a taxi business working from various locations in North Wales.
In relation to the main occupation rule, the TC said that the call-in letter asked for evidence to be provided, including HMRC returns. On the evidence provided it appeared that although Ms Hutchinson was receiving tax credits from HMRC, her disclosed income was solely that relating to her work as a tutor at an educational establishment. She did not disclose any of her income as the holder of a PSV licence to HMRC.
It appeared that income from the PSV business exceeded that as a lecturer – certainly that was the case whilst the business was subcontracting for Premier Cars. It was conceded by Ms Hutchinson that this was so while she was undertaking the work for Premier Cars, but she claimed that this was not the case since she ceased doing work for Premier Cars.
It was claimed that the only work now undertaken was for school runs for her children with other parents paying. It was claimed that all income from the PSV business was cash in hand, with the salary to Mr Rogers for his management role also in cash.
Mr Rogers maintained that he was a manager of the business, but it was not his business, rather it was Ms Hutchinson’s. However, it emerged that a bank loan for purchase of the minibus needed to be in Ms Hutchinson’s name because of an issue relating to Mr Rogers’s creditworthiness.
In his written decision, the TC said that he was unimpressed by the fact that he was not provided with accounts demonstrating income and expenditure in respect of the PSV business.
He felt that that was primarily because Anna Hutchinson decided that it would not be in her interests to provide full disclosure. The illegal operation using Premier Cars has produced substantial income for a period of time.
The lack of proper accounts with the use of cash in hand was unacceptable, and he did not accept that Colin Rogers was only managing the business but was not the operator.
The TC directed that a copy of his decision together with a transcript be forwarded to HMRC.
