At the conclusion of a public inquiry last month, she
said the commissioners’ role is to protect operators
when fair competition is compromised.
She added that failing to complete forms and ignoring
guidance, as the two operators had, was a gross breach
of trust.
“Traffic commissioners understand that we live in
challenging times. We have done for years,” Miss Bell
remarked.
“But we regulate for the benefit of all operators
including those suffering the same operating
challenges.
“Margins are tight, but if you choose to operate buses,
coaches or lorries, then there are rules to be met and
they are there to make sure that standards are
maintained for public safety.”
Forms and guidance, Miss Bell pointed out, aren’t just
administrative paperwork. They are the “bedrock” on
which commissioners ensure road safety and fair
competition.
“It is essential not just because there is an
operator’s licence – all directors of companies across
Great Britain have a statutory duty to exercise
independent judgement, skill, care and diligence.”
The two firms, Renown Transport Services Limited and
Eastbourne Coachways Limited, were criticised by the
Traffic Commissioner for failing to disclose links
between their businesses ahead of a pre-pack sale.
Renown entered financial difficulties and tried to save
parts of the firm, with a view to resurrecting it via
Eastbourne Coachways. This left HMRC, trade creditors
and some financial institutions out of pocket.
Before all of this was disclosed, Eastbourne Coachways
had applied to the Traffic Commissioner’s Office to get
special permission to run bus services at short notice.
This followed Renown cancelling its services without
giving legal notice.
Operators are required to give certain periods of
notice to local authorities and the Traffic
Commissioner’s Office before they can start, change or
stop running a bus service.
Miss Bell told both companies their actions were “not
how we do things”. She added that the regulations,
legislation and processes are very clearly set out in
guidance and on the relevant forms.
Concluding that the firms had “avoided a whole
process”, the Commissioner said she couldn’t step back
from revoking the licences held by both companies and
noted compliant bus operators are entitled to
protection.
Miss Bell also remarked on the importance of local
authority transport officers better understanding the
role of traffic commissioners and giving greater
consideration to the fair competition element when
supporting applications by bus operators who want
permission to run services at short notice.
Decisions
The public inquiry was held on 13 March 2019.
The operator’s licence held by Renown Transport
Services Limited was revoked with immediate effect.
The operator’s licence held by Eastbourne Coachways
Limited will be revoked from 23:45 on 24 July. Until
that time, the licence will be reduced from 16 to 8
vehicles.
