Operator loses licence after leaving drivers in charge

The TC’s overall impression was that Idnan Sabir had entered the world of PSV operations without having a proper appreciation of a PSV operator’s responsibilities

Leaving his PSV operation principally with the drivers of his vehicle has led to the revocation of the one-vehicle restricted O-Licence held by Leek-based Idnan Sabir, by Traffic Commissioner (TC) Nick Denton.

Mr Sabir had been called before the TC at a Birmingham Public Inquiry.

In his decision the TC said that despite acquiring a digital tachograph vehicle in September 2017, Mr Sabir failed to carry out any downloads of driver card or vehicle unit until approximately four weeks prior to the hearing. Although downloads, and an analysis had since been carried out, Mr Sabir was clearly unfamiliar with the analysis system and unsure how to interpret the reports. He therefore concluded that no effective oversight of the drivers’ hours rules had been exercised since 2017.

Mr Sabir’s vehicle failed MoT tests in 2017, 2018 and 2019, for multiple items on each occasion. The in-house mechanic employed by Mr Sabir was clearly failing to maintain the vehicle to the necessary level, but Mr Sabir did not appear to have taken any lessons from those failures until the end of January 2019 when, after the DVSA vehicle examiner’s report, he appointed a new maintenance contractor.

In practice, PSV matters had largely been left to the driver, Mr Barker, while Mr Sabir had concentrated on the taxi side of the business. The overall impression he had was that Mr Sabir had entered the world of PSV operations without having a proper appreciation of a PSV operator’s responsibilities.

He had considered whether to disqualify Mr Sabir from operating PSVs in the future and from being a Director of any company operating PSVs. While he had decided not to do so, he was unlikely to consider favourably any application for a PSV licence unless Mr Sabir could demonstrate evidence of attendance at an O-Licence management course run by the CPT, FTA or similar trade or professional organisation, and on a training course on how to use tachograph software. He was also likely to require him to have an independent audit carried out six months after any new licence was granted.