The DTC found that Mr Barnes had been allowing 1 AB Taxis to use his vehicles without authorization
Darlington-based Trevor Barnes, trading as Barnes Travel, has lost his two-vehicle restricted licence and been banned from holding or obtaining a PSV O-Licence for 12 months.
The ban comes after Deputy Traffic Commissioner (DTC) Gillian Ekins concluded that he had allowed 1AB Taxis to use his one minibus ‘through the back door and avoiding the regulatory system’ as that company did not hold a PSV O-Licence.
When the case first came before the DTC in October evidence was given by a Traffic Examiner that the vehicle was stopped in a check in December 2015. It did not have a valid PSV test and a copy licence disc was on display. It was in the livery of 1AB Taxis and the driver John Barry said that he paid for the fuel and retained half the earnings.
There was no evidence that there was any check on the tachograph records. Evidence was given by a Vehicle Examiner that he had carried out an unsatisfactory maintenance investigation.
There were insufficient records, the stated inspection period had been exceeded and he had been unhappy about the state of the vehicle, issuing it with a prohibition. Mr Barnes denied that anyone else was operating his vehicle. The DTC adjourned proceedings to enable Mr Barnes to produce further evidence.
When the case continued Mr Barnes said that he now knew more about the job than he ever did. He now did six-weekly checks on the vehicle.
“It was a bit willy-nilly before,” he said. “We now have a thing for reading tachographs.”
In reply to the DTC, Mr Barnes said that Mr Barry still worked for him, doing night runs and he was allowed to take the minibus home two or three nights a week. He had been the Managing Director of 1AB Taxis.
He decided to give the taxis up in 2008 and just run the minibus and do vehicle repairs. The minibus had always been in 1AB’s livery. They allocated most of the work to him when a minibus was required.
He did not always know who the customer was and the fees were normally paid to the driver. There were two sets keys – he had one and Mr Barry the other. His main income came from operating recovery truck and vehicle maintenance. He had not lodged a tax return for four years as the person who was doing them on his behalf had not done so and he was being chased by HMRC. His last accounts were about three years ago.
Making the revocation and disqualification orders, the DTC said that she concluded that 1AB were operating the vehicle and that Mr Barnes was allowing them to use the vehicle when not authorised to do so.
Mr Barry also had some control over the work and was taking half the income, so in her opinion there was some sort of partnership. As there were no tax returns or annual accounts available it was impossible to establish that there was an alternative main occupation.
