East of England Traffic Commissioner, Richard Turfitt (pictured), has called on O-Licence holders to make sure they can demonstrate a “genuine link” with their transport managers (TM).
It comes after ruling that he had been misled about the nomination of a TM by Winwick-based Veazey Coaches.
The firm told the TC that it was nominating Melanie Virgo as replacement TM in 2015 – but it subsequently emerged that Miss Virgo was only performing the role as a favour to the company.
Upper Tribunal appeal judges ruled in 2015 that a TM cannot be a volunteer, because a volunteer cannot establish the necessary genuine link to the operator.
The Appeal Court has already stated that licence holders must establish specific legal ties with their TMs to promote compliance with road safety requirements
Under Article 4 of Regulation (EC) 1071/2009, a TM must to have a genuine link to the undertaking, such as being an employee, director, owner or shareholder or administering it, or, if the undertaking is a sole trader, that person.
As part of the TM nomination form, TMs are required to confirm that they either have a genuine link to the to the applicant or licence holder (as an internal TM) or a contract specifying the tasks they must perform as TM (as an external TM).
Mr Turfitt concluded that Veazey Coaches had lost its repute and revoked its licence with immediate effect. Miss Virgo’s repute is “severely tarnished” and she is not to be accepted on any other licence without referral to a TC.
