(TC) Simon Evans said he would be prepared to grant Fye’s Executive Travel a two-vehicle restricted licence if certain conditions were met
In revoking the five-vehicle National O-Licence held by Whitehaven-based Fye’s Executive Travel, trading as Cleator Bus Cumbria, Traffic Commissioner (TC) Simon Evans said that he would be prepared to grant the company a two-vehicle restricted licence if certain conditions were met.
The company had been called before the TC because of vehicle maintenance problems, a lack of finance and operation without a Transport Manager (TM) since September 2018 [routeone/Court Report /10 July].
In his decision the TC said that his particular concerns were how a significantly adverse maintenance investigation arose against a largely positive previous history and the failure to act on the departure of the TM, Stewart Harrison.
He concluded these circumstances had arisen through ignorant failure, a lack of thorough understanding of licence expectations and the sole Director, Paula Fye’s naïve neglect of her responsibility to properly manage compliance. Too many unjustified assumptions had been made by her. That had been compounded by the absence of a properly functioning TM and the illness of General Manager Donald Fye.
However, he was impressed by Paula Fye, who struck him as likely to be a competent manager as indicated by her full-time civil servant role. She had become much more involved. Her passion for delivering a good service for a vulnerable clientele was indisputable. On the positive side was the previous history, the changes effected as far as the Director’s more intensive role was concerned and the fact that no further issues had arisen.
He concluded by a narrow margin that repute had not been lost. He would be prepared to grant a restricted licence assuming the company had complied with all expectations of it. He had been satisfied of compliance with the main occupation and financial standing requirements bearing in mind the lower sum needed.
The grant would however be subject to each of the usual undertakings, of particular pertinence being the need for PSV work to be separately reflected in the accounts and each profit and loss account, in order that main occupation could easily be established.
He required undertakings that Paula Fye attend an O-Licence course suitable for PSV operator’s before the start of the new school year; and requiring the company to submit to an independent external audit of a compliance of the new restricted licence operations in January 2020 for presentation to his office by 15 February 2020, at the latest.
