Easter Ross Coach Company LLP has been banned from operating at the weekend for six weeks, and has had its national licence cut from seven vehicles to six by Traffic Commissioner (TC) Joan Aitken.
The Tranent-based partnership had been called before the TC at an Edinburgh Public Inquiry following a preliminary hearing.
The case arose after Police Scotland stopped one of the firm’s vehicles in Ullapool on 17 March. The police initially had issues with the state of a tyre, but found that the roof light was tethered by rope, which was marked as an emergency exit. The roping was put in place by the driver on 16 March, who handed over to a second driver later that day who continued the service.
The TC said that the fact there were other means of exit from the vehicle did not excuse the interior state of the vehicle. Neither driver had defected the vehicle nor sought advice from the firm. As a separate matter, a windscreen replacement company was instructed on 14 March, and attended on 17 March, to replace the windscreen and commented on rust.
At the preliminary hearing, she heard that Partner Robert Rapson was an absentee Transport Manager (TM)/operator in that he spent his time in East Lothian. As a TM, he was required by law to have continuous and effective control of the transport operation. As an operator he had to ensure proper arrangements were in place to secure the vehicle roadworthiness. Part of that included effective driver defect reporting and rectification, brake testing, tyre tread measurement, and passing at annual test. That vehicles were not brake tested for want of a piece of equipment was not acceptable, not least where an operator was located close to facilities with roller brake testing.
Mr Rapson was not ensuring the rigorous discipline and standards which were required for safe operation. The fact that the drivers did not have it instilled into them to defect report and communicate was a matter of organisation and process. Standards had slipped. It was very fortunate that Police Scotland stopped the vehicle, prohibited it and involved DVSA the same day in a maintenance investigation. She feared the operation would have become increasingly rudderless, with further slipping but for that intervention.
Fortunately, the firm had responded. By May, a locally-based full-time experienced TM had been appointed, and other agencies have been engaged to train and advise.
The evidence about vehicle requirement was garbled, but it was clear that six vehicles met the requirements of the current registered services. Any application for increased authorisation should not be made any sooner than after six months.
Restricting the operation to Mondays to Fridays for six weeks would ensure that there was plenty of time to secure vehicle roadworthiness and the standards of operation required.
