The 16-vehicle international licence held by Stoke-on-Trent based Harrington Coaches has been revoked by Traffic Commissioner (TC) Nick Denton after being called before the TC at a Birmingham Public Inquiry (PI).
At a previous PI in August 2017, after a maintenance inspection was marked unsatisfactory as a result of prohibitions, driver defect reporting shortcomings, MoT performance, and a Traffic Examiner reporting there was no documented training or refresher training in place, Deputy Traffic Commissioner Jim Astle took no action. This was after receiving undertakings that the company would have a comprehensive systems and compliance audit within six months and that it would provide evidence of financial standing within three and six months.
Revoking the licence, the TC said that the company lacked financial standing. No evidence of finances had been provided neither by the end of November as per the undertaking nor at this PI.
Transport Manager (TM) Ian Donaldson resigned shortly after the August PI with effect from 1 September. He had refused the company’s subsequent request for a period of grace, as there had already been a significant period without a TM prior to Mr Donaldson’s appointment.
Although he had received the nomination of TM Nicholas Hancock on 15 November 2017, it transpired that Mr Hancock possessed only a national CPC, not the international one necessary for Harrington’s licence. Moreover, Mr Hancock subsequently stated to Vehicle Examiner (VE) Adrian Seadon that he had not taken up his duties and had since resigned as prospective TM. Mr Hancock was under the impression that the company was not currently operating vehicles, but the company continued to operate four vehicles. In essence, the company had been without a functioning TM since 1 September and there was no prospective TM in sight.
The company had failed to produce any evidence of periodic safety inspections, driver defect reporting and oversight of drivers’ hours despite being requested to do so. Given the findings of the VE’s recent investigation which reported that he had issued prohibitions to the only two vehicles that he was able to inspect and attach some concerning photographs, he considered that it had failed to fulfil its undertakings to ensure that vehicles were fit and serviceable and that the rules on drivers’ hours and tachographs were respected.
The TC indicated that he was not making any disqualification orders against the directors David Young and Valerie Ellis as they were both very recent appointments and Ms Ellis had only recently purchased the company. However, for any future application involving either them and/or the company to have a chance of success he would expect full financial standing to be clearly demonstrated, the nomination of a suitably qualified TM with a contract with the company, and suitable arrangements for the maintenance of the vehicles in place. One or both of the directors should also have attended an operator licence management course run by an appropriate industry association or professional body.
