Licence revoked and sole director disqualified as TC Joan Aitken says that he has ‘lost his repute’
Livingston-based Andrew Liddle’s restricted licence was revoked and he was disqualified from holding a PSV O-Licence for 18 months by Traffic Commissioner (TC) Joan Aitken.
The revocation of the licence comes after Mr Liddle ceded control of his licence disc to Ross Munro, who did not hold a PSV O-Licence. The TC also refused a bid for a new national licence by Mr Munro and Helen Pettigrew, trading as Livingston Travel.
Both Mr Liddle and the partnership had been called before the TC at an Edinburgh Public Inquiry, but Mr Liddle failed to attend.
The TC said that The 7 Seater Company had a contract with Atos for the provision of a minibus service for Atos and Hologic employees, weekdays to and from Livingston Station.
The 7 Seater Company did not hold a PSV O-Licence. The sole director of that company was Andrew Liddle and he had held a restricted licence since 2008 but only in his sole name not as a company or partnership.
Some time in 2015 Mr Liddle ceded operation of the Atos Livingston Station contract to Mr Munro, a long-time acquaintance. Mr Munro supplied the minibus for the contract, the drivers, and took payment for the invoice to Atos, which showed payment due to a trading name c/o Livingston Travel and a bank account and sort code, which was that of Mr Munro as an individual.
No remittance was made or billed to or from Mr Liddle or The 7 Seater Company. That company was dissolved on 11 September 2015. Mr Munro controlled every aspect of the operation of that contract and used Mr Liddle’s O-Licence disc.
Making the disqualification order after holding that Mr Liddle had lost his repute, the TC said that she considered that a period of disqualification was necessary to mark her dissatisfaction with Mr Liddle and to put down a marker that if ever he wished to return to PSV operation, he must have a better understanding of his responsibilities and not lend out or detach himself from use of his licence and discs.
Refusing the partnership application, the TC said that Mr Munro was warned in February 2015 that he didn’t have an O-Licence and could not get one from another party. Yet it was now clear that he and Mr Liddle had made an arrangement whereby Mr Munro had taken over a shuttle run contract which required an O-Licence and disc and that the disc came from Mr Liddle.
She did not find Mr Munro to be credible or trustworthy, and was not satisfied that he had repute and therefore the partnership could not have a licence.
She made no adverse finding against Ms Pettigrew. There was no evidence that she was party to the arrangement or instrumental in its inception or continuation. She was a novice to transport matters.