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routeone > Compliance > Restricted O-Licence main occupation requirement met
ComplianceLegalNews

Restricted O-Licence main occupation requirement met

Mike Jewell
Mike Jewell
Published: December 18, 2019
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Each restricted PSV O-Licence is under review as the subject of main occupation is a key issue, according to Deputy Traffic Commissioner (DTC) Gillian Elkin. She added that a lot of restricted licence holders had failed to notify a material change in respect of main occupation, either inadvertently or deliberately.

The DTC’s comments came when freelance coach driver Graeme Hartshorn, trading as Hartshorn, of Durham, and with a one-vehicle restricted O-Licence, had been called before her at a Leeds Public Inquiry (PI). He had requested a PI following two proposals to revoke the licence because of concern over main occupation.

Mr Hartshorn said that his main occupation was that of a freelance coach driver for two operators and as a driver trainer.

He ran a 16-seat minibus as a sideline, advertising day trips in a local magazine. He had only brought records of what he had done for the last three months and not 12 months as those documents were with his accountant.

Mr Hartshorn was self employed as he wanted to be his own boss. He analysed his own analogue tachograph charts. He was thinking of investing in a digital tachograph reader and in upgrading his vehicle as it was “getting long in the tooth.”

If things did not work out, he would like to go for a national O-Licence. He had someone who would stand in for him as Transport Manager for four to five hours per week.

Holding that Mr Hartshorn met the main occupation criteria, the DTC said that she was satisfied that the three months’ records produced showed that he had done a substantial amount of work for the coach and driver training companies.

She was satisfied that there was a clear gap between that work and the minibus work, and that the former far exceeded the latter.

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