Private hire firm has licence revoked after investigation revealed major failings & illegal practice
Updated: May 24, 2021
An Ayrshire minibus and private hire vehicle firm has had their licence revoked by Scotland’s deputy traffic commissioner after an investigation revealed a number of major failings and illegal practices.
Norberto (Norrie) Sanchez Donis of A1 Lux based in Cumnock and Auchineleck, has been stripped of his operator's licence, while three of his drivers have had their PSV (Public Service Vehicle) licences revoked too.
The reason given by Scotland’s deputy traffic commissioner was due to the 'dangerous nature of the failings’.
The offences include:
Tachograph units not being calibrated since 2011 and 2018
120 breaches of vehicles being driven without a tachograph card.
Instances of drivers’ tachograph cards being removed from vehicles during the course of a journey/booking.
Norrie Donis carrying out 32 private hires without being the holder of a valid driver’s Certificate of Professional Competence (CPC).
The hearing into the offences was told how driving without a tachograph conceals evidence of driving time, necessary breaks, and rest periods and poses a risk to public safety.
In his report, Anthony Seculer, deputy traffic commissioner, Scottish Traffic Area, said: “I find as a fact that each of the drivers for the partnership drove on numerous occasions knowingly without tachograph records.
“In doing so they demonstrated a disregard for the legal requirements of the Licensing System and for the safety of their passengers and other road users.
“The fact that Mr Donis was one of the offending drivers sends the wrong message to the employed drivers and gives me no confidence in his ability or commitment to raise standards to an acceptable level.”
Two of the firm’s drivers were suspended from having a PSV driver's licence for nine months each and the third was suspended for 12 months.
Seculer continued: "I find as a fact that each of the drivers for the partnership drove on numerous occasions knowingly without tachograph records. In doing so they demonstrated a disregard for the legal requirements of the Licensing System and for the safety of their passengers and other road users.
"Driver Alistair Burns was vague in his interview about the dates when he drove without tachograph records. He admitted driving on 3 specific dates in October 2019 and, on one of those dates, he exceeded 4 and a half hours’ driving without a break and was in charge of the vehicle when his tachograph card was removed from the vehicle unit.
"Mr Burns accepted that he must have driven on other dates but was 'unable to remember them'. He was no longer working for the operator or as a PSV driver.
"Driver Kenneth Sharpe accepted in the face of evidence from TE Wilkinson that the vehicle unit would only show ‘no card’ if the wrong slot was used. He could not answer how a machine malfunction of a similar nature might occur in 2 different vehicles driven by him and might occur on numerous occasions without him writing it on his daily defect report.
"The operator’s records showed Mr Sharpe had been allocated 27 private hire jobs between 17th January and 13th March 2020 and his tachograph card was only present on 3 occasions. He could offer no explanation as to how private hire jobs allocated to him in vehicles driven without a card could have occurred unless he drove without inserting a card.
"He was still working for the operator, doing school runs and getting back to other PSV work following lockdown.
"I find the suggestion from Mr Burns, and Mr Sharpe, that they put their cards in and believed the tachographs to be working correctly totally implausible. Competent, conscientious drivers make regular checks of their tachographs during a working day for driving time, rest periods, mode switch etc. and constant error messages or non-recording should be noted and result in them not driving the vehicle until repair.
"Driver Brian Steele admitted that he had driven on numerous dates carrying out approximately 49 private hires without using a tachograph card. He stated in his interview that he told Mr Donis, 'when I was assigned jobs I would say to him I didn’t have my tacho, he didn’t say as much but it was either I carried out the work or I wouldn’t be working'.
"He stated in his evidence that he had continued driving without a tachograph card because of financial pressures. He was working as a PSV driver doing school runs and had improved his knowledge by reading up on the rules. He had attended no formal training owing to places being closed down through Covid 19. I note that he had made no attempt to access any of the online training courses available."
Seculer concluded that he was to revoke the "Restricted Operator’s Licence" held by the operator under section 17(3) (aa)(d) and (e) of the Act.
