TC disqualifies and revokes operator whose conduct he described as ‘unbecoming’ after an assault on a fellow operator
A conviction for inflicting grievous bodily harm to a member of another PSV operator has resulted in the revocation of the four-vehicle international licence held by Manchester-based Steven Orchard and his disqualification from acting as a Transport Manager (TM) for five months.
Traffic Commissioner (TC) Simon Evans indicated that he would be prepared to receive a fresh application for a licence from Mr Orchard three months after the date of the revocation of the current licence.
Mr Orchard, trading as SO Coaches, had been called before the TC after pleading guilty at Manchester Crown Court on 28 September 2018 to inflicting grievous bodily harm on David Painter of Mostonian Coaches. He was given a 12-month prison sentence suspended for two years and ordered to pay £3,000 compensation.
The TC said that as a result of the conviction Mr Orchard had stepped down as his own TM some seven months ago.
Mr Orchard said that since the conviction things had taken a turn for the worst. He had lost his house, which had been his base and his ex-wife had binned all the paperwork. He had had a bad four months money-wise.
All his drivers had gone, and he had a school contract he had had to give up. He now had a contract through another operator which was due to start on 23 May and he had been promised another in June. He had a TM who was willing to come in. He had been in the industry for 20 years and due to one mistake he could lose the lot. He had been a good operator and he deserved a second chance.
Asked about the conviction, Mr Orchard said that in May 2017 he had taken a coach to Prescotts Garage for its six-weekly inspection where Mostonian parked its coaches. He was approached by David Painter. He asked how he was; pronouncing David like it was pronounced on TV in regard to Spanish footballers. David Painter pushed up into his face, saying his name was David. He then walked away before returning three times to threaten him.
On the last occasion he feared for his life when he came at him and he picked up a hammer, saying that if he came near him, he would hit him with it. He then head-butted David Painter, who fell to the floor. He then kicked him between his legs and knelt on top of him holding the hammer and gripping his neck.
They were separated by the garage staff and David Painter’s father called the police. He did not hit him with the hammer. He agreed that David Painter had not laid hands on him, saying that it was just the way he had been shouting at him. “In the end it got to me and I lost it,” he said. “He threatened me, and I just saw red.”
Mr Orchard said that he deeply regretted what had happened and he was going on an anger management course.
Making the revocation and disqualification orders, the TC said that the conviction had involved another person involved in the PSV industry who was a potential competitor.
Mr Orchard had shown limited remorse and had continued to offer some justification for his actions. His conduct was unbecoming of an operator who had daily contact with the public.
