O-Licence cut because of concerns over vehicle maintenance. TC gives firm one last chance with new TM
In cutting the national O-Licence held by Wakefield-based Club Travel Minibuses, from five vehicles to one, Traffic Commissioner (TC) Tim Blackmore said that it was the company’s last chance.
The company had been called before the TC because of concerns over vehicle maintenance including the alleged fraudulent completion of PMI sheets by a former director.
For the company, Bill Bowling said that there was now only sufficient work for one vehicle. They only needed one or possibly two O-Licences. It had not tried to cover anything up and current Director Sajid Hussain did not condone what had occurred.
Sajid Hussain said that they were involved in the transport of special needs children. As a result they needed wheelchair access vehicles. Wakefield Council had decided that they could not charge any extra for wheelchair accessibility.
It was very difficult now for small operators because of the requirement for Euro VI vehicles as a result of the low emission zones coming into force. Consequently, they were sitting back to see what happened.
The TC said that he did not think that he was ever going to get to the bottom of the allegations of the fraudulent completion of the PMI sheets. Former Director Khuram Shahram was not present but had submitted written representations.
He absolutely denied filling in the PMI sheets himself using the stamp of the maintenance provider. He maintained that he had taken the vehicles in for inspection on a “cash-in-hand” basis to mechanics employed by the maintenance contractor. It was muddied by the fact that there were two maintenance providers.
However, it was plain that the inspection system was not as it should be. Inspections were not carried out at the stated intervals. There was a lack of brake testing at every inspection.
Walk round checks were not carried out properly and there was a poor annual test record, with multiple failures and retests. The company had not produced the six months records and maintenance planner that had been requested.
Transport Manager (TM) Aftab Hussain said that he accepted that “he took his eye off the ball” and that for a period he did not act as TM as he had his own private hire licence. He had trusted the former Director implicitly. He intended to concentrate more on his TM duties in the future.
In cutting the licence, the TC warned that if there had been clear evidence of the fraudulent activity the licence would certainly have been revoked.
However, former Director Khuram Shahram had not been interviewed by DVSA and the alleged fraudulent sheets had not been produced at the Public Inquiry (PI).
He felt that he could just trust the company with a new TM in place. Any increase in vehicle authority would only be considered after two satisfactory independent systems audits.
Holding that Aftab Hussain had lost his repute as a TM, and disqualifying him indefinitely from acting as such until he passed a fresh CPC exam, the TC said that he had not had continuous and effective control of the operation and had in effect been a TM in name only.