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Reading: Red Bus Days O-Licence in delayed revocation
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routeone > Legal > Red Bus Days O-Licence in delayed revocation
LegalNews

Red Bus Days O-Licence in delayed revocation

Mike Jewell
Mike Jewell
Published: December 11, 2019
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Though the two-vehicle national O-Licence held by Keighley-based Christopher Matthews, trading as Red Bus Days, was revoked by Traffic Commissioner (TC) Tim Blackmore, Mr Blackmore delayed the revocation for three months. That was to give time for an application to be made for a further licence.

Contents
Red Bus Days fails to produce financial evidenceTM’s repute saved ‘by the narrowest of margins’

The TC also cut the licence authorisation to one vehicle.

Red Bus Days fails to produce financial evidence

Mr Matthews had been called before the TC after a failure to produce evidence of financial standing and the use of an unauthorised operating centre. He did not provide any financial evidence at the hearing. That was despite having been given a six-month period of grace by the TC to do so.

Evidence was given that a vehicle was used for hire and reward without a current MoT certificate. It had expired six weeks previously.

Mr Matthews was conducting safety inspections himself without the necessary qualifications or facilities to do so. That was despite him having stated that vehicles would be inspected by a third party.

Brake tests were not conducted at every safety inspection in line with DVSA’s Guide to Maintaining Roadworthiness. Of eight MoT tests in 2018/19, five vehicles failed. Three did so for defective emergency doors and two were for defective brakes.

Prohibitions had been issued for defects that should have been reported by drivers. That indicated the defect reporting system was inadequate.

TM’s repute saved ‘by the narrowest of margins’

Issuing a formal warning to Mr Matthews as Transport Manager, Mr Blackmore said that he held back by the narrowest of margins on a finding that he had lost his repute. That was only because Mr Matthews had agreed to undertake a two-day CPC refresher course by 31 December.

While Mr Blackmore had some concerns over the maintenance arrangements, he was prepared to allow time for a fresh licence application.

He would require an independent audit of the operator’s systems for maintenance and drivers’ hours and their effectiveness to be carried out by a trade association or a certified independent body. That must take place within four months of any new licence being issued.

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