‘Wholly misconceived’ appeal refused due to lack of compliance
The revocation of the 10-vehicle international licence held by Warrington-based Tansey Coaches by Traffic Commissioner (TC) Simon Evans and the disqualification of Transport Manager (TM) David Bennett from acting as such indefinitely has been upheld by the Upper Tribunal.
When the firm first appeared before the TC he adjourned proceedings to enable sole Director Wendy Pringle to attend after hearing that the signature on a TM1 form was not that of the proposed TM Guy Morgan [routeone/Court Report/12 July 2017].
When the hearing continued, the TC said that he was disappointed to see Mr Bennett on his own. His concerns included breaches of the drivers’ hours and tachograph rules, the keeping of records, professional competence, repute of the company and the TM, failing to report an accident, not complying with specific undertakings regarding brake testing and audits, the non-notification of the current operating centre, and the poor prohibition history. Mr Bennett had been convicted of driving while disqualified twice.
In his decision the TC said that the shortcomings, which ranged across so many areas, were seriously concerning. A real threat to road safety was reflected in the issue of prohibitions and deployment of an uninsured vehicle.
Mr Bennett had been the linchpin of the business. Collectively, those responsible for this licence – David Bennett, Wendy Pringle, Barry Bennett and Darren Bennett – had engaged in persistent conduct adversely affecting road safety, criminal in nature and which was anti-competitive [routeone/Court Report/11 October 2017].
Dismissing the appeal, the Tribunal said that the Bennett family have been associated with a number of PSV licences in the Warrington area, namely Warrington Coachways which had its operator’s licence terminated on dissolution of the company on 8 November 2016; Barry Bennett, trading as Bennett’s of Warrington, which had its licence revoked on 18 November 2007; David Bennett, trading as Bennett’s Coaches, whose licence was revoked on 1 March 2007; and Nuttall’s Coaches Limited which was sold in May 2015.
