The TC stated that the company had shown contempt for the registration and regulatory process
Michael James, sole Director of North Warwickshire Travel, has been disqualified from holding a PCV O-Licence indefinitely when the company’s licence was revoked by Traffic Commissioner (TC) Nick Denton after it had terminated three local services without permission.
The TC also disqualified Mr James from acting as Transport Manager (TM) for three years.
The company, trading as Peoples Movers, of Warton, Tamworth, with a six-vehicle international licence, had been called to a Birmingham Public Inquiry (PI). At the outset Mr James was not present. Following a phone call it was understood that Mr James was stuck in traffic and would arrive in 15 minutes. The hearing was adjourned for that period. At the resumption Mr James was still not present.
The TC said that Mr James had a long history in the bus industry, being a Director of Acorn Bus & Coach, of Vals Bus & Coach and of Tamworth Coach & Bus, all of whose licences had been revoked.
Announcing his decision, the TC indicated he would put his reasons in writing. Mr James then arrived at the Traffic Area Office and was informed of the TC’s decision. He was said to be extremely aggressive, shouting and swearing and demanding that the inquiry be reconvened.
In his written reasons, the TC said that in refusing to re-open the concluded PI, he noted that traffic conditions in Birmingham were not unusual that morning and there was nothing which would have prevented Mr James from arriving at a timely hour.
The company’s name was initially D & DH Transport Services. It changed its name to North Warwickshire Travel on 30 August. On 17 July three short notice applications were made to vary local service 12 and to cancel local services 15 and 66 to take effect the same day.
The three services in question had been registered with effect from 1 July. The reason for the short notice request was unforeseen staff shortages. He refused the applications as he considered that it was a basic function of an operator to ensure that it had the necessary staff to run its registered services.
It was made clear that the company must not vary or cancel the services until 11 September, the date on which the full 56 days’ notice required would expire. His office received complaints from members of the public that the services had ceased to run. The company’s website stated that ‘due to excessive and unforeseen staff shortages’ it had been forced to withdraw the services ‘with immediate effect’.
The company had deliberately ignored the requirement to operate services until the due date. He did not regard the excuse of unforeseen lack of staff as sufficient. If it lacked staff it should not have registered the services in the first place.
By ceasing the services on the very day it applied for short notice variation/cancellation and without waiting for his decision, it showed its contempt for the registration and regulatory process. It then proceeded to treat the PI process with contempt as well, failing to submit the requested financial documentation and failing to appear at the due time and date.
