Nottingham operator used brother’s licence for 12 years

Nottingham-based Amanullah Khan’s bid for a licence was turned down after the licence held by his brother Fazal, which he had used for 12 years, had been revoked by Traffic Commissioner (TC) Tim Blackmore.

Fazal Rabbi Khan, trading as Robin Hood Travel with a seven-vehicle national O-Licence, had been called before the TC, who was also considering an application for a new two-vehicle national O-Licence by Amanullah Khan, trading as Robin Hood Minibuses.

Fazal Khan said that he had been encouraged by his brother Amanullah to start the business in 2006. Since then his health took a turn for the worse and he handed over to his brother to run it for him.

The TC said that licences were not transferable. Fazal Khan had held the licence from the outset but had not operated it. Consequently, the licence was not valid.

Amanullah Khan had been operating the licence for 12 years. Fazal had allowed his name to be used on a licence facilitating an unsafe operation; following Vehicle Examiner (VE) Hayden Smith finding serious issues during a maintenance investigation, he had suspended the licence on 13 December on road safety grounds.

There was evidence that two of the buses had been subsequently used. DVSA number plate recognition showed one vehicle had been used on 23 occasions on 19 December, and that the other vehicle had been used twice in January and February.

Amanullah Khan said that the first vehicle had been used to move personal possessions between his home and the yard. No passengers were carried and no licence disc was displayed. The second vehicle was going to and from a garage for engine repairs. Both vehicles had been SORNed on 19 December and the second vehicle was being towed by the garage.

The TC commented that there was number plate recognition, so that vehicle was not towed, but being driven illegally on the road.

Amanullah Khan admitted that he had signed a licence renewal form in 2011 and the letter submitted to the TC after the licence was suspended in his brother’s name. He said that he had had his brother’s permission to sign the form.

The TC said that he was not entitled to sign in his brother’s name. That was a fraudulent act. There had not been a CPC holder in place for two years, yet Amanullah Khan had told the VE that the Transport Manager, Paul Kibble, was still in post and that he spoke to him regularly.

Mr Kibble said that he had not seen Amanullah Khan for two years and that he had not been paid since before December 2017.

The TC said that the VE had reported that one vehicle had failed its annual test and a retest. He had issued an immediate prohibition to one of two vehicles inspected. Inspection records were not fully completed and very few defects were recorded considering the age of the vehicles. Inspection intervals were not adhered to. The wall planner was out of kilter and there were issues with driver defect reporting.