Lack of MoT, correct driving entitlement and DCPC all see licence bid refused; Aitken suggests that the occurrence is ‘another example of a business that was lacking in meeting road safety requirements’
Traffic Commissioner (TC) for Scotland Joan Aitken suggested that illegal minibus operation may be common after refusing a bid for a restricted O-Licence from sole trader Gillian Geddes, Director of Uddingston-based Happy Days Out of School Care.
Another business owned by Mrs Geddes, East Kilbride-based limited company Happy Days Out of School Care Ltd, also required the use of a minibus. In a written decision following a Public Inquiry (PI), the TC said that called into question which entity was actually applying.
Children had previously been carried aboard a 17-seater with no MoT, with Mrs Geddes having operated vehicles unlawfully despite having being advised that she may need an O-Licence.
DVSA was aware that Happy Days Out of School Care was operating vehicles to move children to and from a day care centre. The transport was part of a service for day care facilities, creating a requirement to hold an O-Licence. DVSA was also aware that drivers did not hold DCPC cards.
On 7 June 2017, Traffic Examiners stopped two minibuses in the livery of Happy Days Out of School Care. Neither had O-Licence discs. Each driver lacked the necessary licence for hire and reward and they also lacked DCPC cards. Two prohibition notices were issued.
Mrs Geddes stopped operating the minibuses immediately. She had been advised by DVSA in 2016 of the potential requirement to hold an O-Licence. Mrs Geddes later applied for a two-vehicle restricted O-Licence, leading to the PI. The TC refused following on a number of grounds, while accepting that Mrs Geddes met some requirements.
However, the TC added that she “was not satisfied by the extraordinary completion of the application form in which Mrs Geddes said that there was a workshop at her premises and that she or her employees would undertake safety inspections.
“That is patently nonsense and reflected a lack of engagement with what was required.” The application was further compromised by it being in the name of a sole trader, while the minibuses would also be used by the limited company.
At the PI, Mrs Geddes said that she believed that as the minibuses were only used to exclusively transport children as part of her play business, she did not need an O-Licence.
In not making an adverse finding with regards to Mrs Geddes’ repute, the TC left the door open for Happy Days Out of School Care Ltd to apply for an O-Licence. “This is another example of a business that to the customer will appear friendly and competent, but which has been lacking in meeting road safety requirements,” adds the TC. Indeed, Mrs Geddes added that she knows of many businesses like hers with no O-Licence.
