The TC was satisfied that the three licences were separate businesses in situation described as a ‘gigantic mess’
Traffic Commissioner (TC) Nick Denton was satisfied that three two-vehicle restricted licences enabling a family to operate stretch limousines were not in fact being run as one business.
Elegance Enterprise, trading as Finish In Touch Cars, of Halesowen, whose sole Director was Perdip Mann; his wife Suzan Mann; and Jagpreet Mann, appeared before the TC at a Birmingham Public Inquiry.
The TC issued formal warnings to the company and Suzan Mann after Driver Eleno Duffy had been checked while driving on two occasions for the company, and on one for Suzan Mann after his Driver CPC had expired.
He suspended Mr Duffy’s vocational PSV driving licence for four weeks. He took no action against the restricted licence held by Jagpreet Mann.
Perdip Mann said that he had assumed that Mr Duffy’s CPC would expire in 2019, as many do, and Suzan Mann said she had been unaware that it had expired.
Traffic Examiner (TE) Robert Lees raised issues over the conditions on the various licences, for example on Suzan Mann’s licence there was a condition that limousines and novelty vehicles not be operated while other conditions referred to the operation of limousines.
He said that he had formed the impression that the three licences were run as one, as driver data showed them driving for all three operators.
All three gave evidence that they did not operate vehicles with eight or less seats under their PSV O-Licences.
Jagpreet Mann said that he held a Transport Manager’s CPC, and that he might seek a national licence in the future. The reason they did not operate as one business was because they thought it would put too much strain on the family. There had been a fall-out between his father and uncle when they went into partnership and he did not want that to happen between him and his brother.
In regard to the issue raised by the TE about failing to notify the TC of two vehicles he was alleged to have been operating, as per a condition on his licence, they were not in fact his vehicles and he did not recognise their registration numbers.
In giving his decision, and removing all the conditions from the three licences and adding one that no vehicles of less than nine seats be operated, the TC said that the whole thing was a gigantic mess. Standard conditions had been placed on the licences together with bespoke conditions. No wonder the operators were confused.
The driver driving without a CPC were isolated instances, as was an ‘S’ marked prohibition imposed on a vehicle operated by the company. However, driver CPC expiry dates needed to be vigorously policed.
Indicated that he was satisfied they were separate businesses, the TC said the main reason for avoiding a national licence did not exist as Jagpreet Mann held a CPC.
