Ian Sommerville, sole director of Ian’s Coaches, was deemed not to have fulfilled the criteria for a restricted licence by Traffic Commissioner for Scotland Joan Aitken, who referred to the offence as “gross abuse.” Ian’s Coaches had held a restricted public service vehicle operator’s licence since December 2007, but Mr Sommerville was called to a conjoined public inquiry alongside William Murray, operator of Mac-Mur Tours in Kirkcaldy, after the Vehicle and Operator Standards Agency (VOSA) submitted a report regarding the two operators using shared discs for different vehicles.

Ms Aitken said that Mr Sommerville and Mr Murray had been “difficult to deal with” and the record keeping was “atrocious.” The pattern of operating between the two companies as well as operating without the correct class of licence were deemed “serious failures” and Ms Aitken said she had been merciful not to disqualify the two operators.

A restricted licence allows operators to use one or two vehicles and although Mr Sommerville applied to increase authorisation to two vehicles in January 2013, it did not reach the stage of being granted.

He maintained his position that only one vehicle was ever operated which required a disc. On other occasions, he claimed, the work was subcontracted to Mr Murray, or did not require a licence.

Commissioner Aitken said the VOSA report made for “very unhappy reading.” Clarification from the VOSA examiners showed that the evidence became “very detailed as to who was using what vehicles when and with which operator’s discs and at what seating capacity and for what purposes”.

Ms Aitken was left in no doubt that “they operated in the way they did to suit themselves and to maximise the use of three vehicles and that Ian’s Coaches Ltd had only one disc so required to engage in the arrangements with the William Murray discs”.

She added, “I have no doubt that Mr Sommerville had access to two discs and operated two vehicles, with two discs at times. To find otherwise would be to go against the very obvious intertwinings between the two men’s endeavours and Mr Murray’s dependence on Mr Sommerville.” The public inquiry was first held in April, but was adjourned after the Traffic Commissioner remained doubtful as to whether Mr Sommerville had a principal occupation other than operating the minibuses.

A restricted licence allows the operator to carry up to 16 passengers if operating the vehicle is a sideline and not a main job.

When the inquiry resumed in June, Ms Aitken found that Mr Sommerville’s principal occupation was operating a public service vehicle and therefore he did not qualify to hold a restricted licence.

Mr Sommerville was told that his licence would be revoked on Sunday 24th August.

“This is on the grounds of breach of the licence undertakings; and material change in that the operator no longer meets the criteria for a restricted licence,” she said in her report.

“The operator and director are warned as to their repute.” Mr Murray did not attend the public inquiry. Instead he wrote a letter in April surrendering his licence due to unforeseen financial difficulties and stated that he worked as a sole trader and never collaborated with any other operators apart from occasional sub-contract work.

Ms Aitken revoked his licence with immediate effect and said, “I declined to accept surrender. He should have attended the public inquiry such as that his statement could be scrutinised. Quite frankly, I do not believe him.”