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Started by winston, October 30, 2013, 07:53:10 PM

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the trainbasher

@DiamondDart

PSV - S17 - Consideration of disciplinary action under Section 17 (The Public Passenger Vehicles Act 1981)

Quote from: http://www.legislation.gov.uk/ukpga/1981/14/section/17Revocation, suspension etc. of licences.

(1)The traffic [commissioner] by whom a standard licence was granted shall revoke the licence if it appears to [him] at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.
(2)Without prejudice to subsection (1) above, the traffic [commissioner] by whom a PSV operator's licence was granted may, on any of the grounds specified in subsection (3) below, at any time—
(a)revoke the licence;
[F3(aa)that any undertaking recorded in the licence has not been fulfilled;]
(b)suspend the licence for such period as [F4he directs]. . .;
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)vary any condition attached under subsection (1) of section 16 of this Act to the licence, or attach to the licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.
(3)The grounds for action under subsection (2) above are—
(a)that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of F6. . . expectation which has not been fulfilled;
(b)that there has been a contravention of any condition attached to the licence;
(c)that a prohibition under F7[M1section 69 of the Road Traffic Act 1988] has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under [section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition];
(d)in the case of a restricted licence, that the holder no longer satisfies the requirement to be of good repute or the requirement to be of appropriate financial standing;
(e)that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence.
[F8(f)the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators' licences should be liable to be revoked, suspended, etc.) has effect]
(4)[F9A traffic commissioner] shall not take any action under subsection (1) or (2) above in respect of any licence without first holding [F10an inquiry] if the holder of the licence requests [F11him] to do so.
(5)Where [F12a traffic commissioner decides] to revoke a licence under this section, [F13he] may direct that the revocation shall not take effect for such period as appears to [F13him] reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
[F14(5A)Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.
(5B)A traffic commissioner who has suspended a licence under this section may at any time—
(a)cancel the suspension; or
(b)with the consent of the holder of the licence, vary the period for which it is suspended.]
(6)The provisions of Schedule 3 to this Act shall apply for the purposes of subsections (1) and (3)(d) above as they apply for the purposes of section 14(1) of this Act.

PSV - S26 - Consideration of disciplinary action under Section 26 (The Transport Act 1985)

Quote from: http://www.legislation.gov.uk/ukpga/1985/67/section/2626 Conditions attached to PSV operator's licence.

(1)Where it appears to a traffic commissioner, in relation to a person ("the operator") to whom he has granted or is proposing to grant a PSV operator's licence, that—
(a)the operator has failed to operate a local service registered under section 6 of this Act; or
(b)the operator has operated a local service in contravention of that section [F1or section 118(4) or 129(1)(b) of the Transport Act 2000;][F2or section 8(4) or section 22(1)(b) of the Transport (Scotland) Act 2001][F3; or
(ba)the operator has failed to comply with section 138 or 140(3) of [F4the Transport Act 2000]]; or[F5; or
(bb)the operator has failed to comply with section 32(1) or 34(3) of the Transport (Scotland) Act 2001;]
(c)the arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition are not adequate for the use of those vehicles in providing the local service or services in question; or
(d)the operator, or any employee or agent of his, has—
(i)intentionally interfered with the operation of a local service provided by another operator;
(ii)operated a local service in a manner dangerous to the public; or
(iii)been guilty of any other serious misconduct (whether or not constituting a criminal offence) in relation to the operation of a local service; or
(e)a condition attached under section 8 of this Act to the operator's licence has been contravened;he may (on granting the licence or at any later time) attach to it either a condition prohibiting the operator from using vehicles under the licence to provide any local service of a description specified in the condition or one prohibiting him from so using vehicles to provide local services of any description.
(2)The commissioner may attach a condition to a PSV operator's licence under subsection (1) above, by reference to circumstances falling within paragraph (a) or (b) of that subsection if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct or that it is appropriate to attach the condition in view of—
(a)the danger to the public involved in the operator's conduct; or
(b)the frequency of conduct of the kind in question on the part of the operator.
(3)Where the effect of a condition attached to a PSV operator's licence under subsection (1) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, the traffic commissioner attaching the condition may—
(a)cancel the registration; or
(b)where the service is registered with another traffic commissioner, direct that it be cancelled.
(4)Where a direction is given under subsection (3)(b) above, it shall be the duty of the traffic commissioner with whom the service is registered to cancel the registration.
(5)Where it appears to the commissioner that—
(a)vehicles used under the licence (or under any PSV operator's licence previously held by the operator) have not been maintained in a fit and serviceable condition; or
(b)the operator has been involved in arrangements with any other operator for the use of each other's vehicles with a view to hindering enforcement of any requirements of the law relating to the operation of those vehicles;he may (on granting the licence or at any later time) attach to the licence a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition.
(6)A condition attached to a licence under subsection (5) above shall—
(a)apply only to vehicles which have their operating centre in the traffic area for which the commissioner acts; and
(b)be in addition to (and not be taken as prejudicing in any way) any conditions attached to the licence under section 16 of the 1981 Act as to the maximum number of vehicles which the operator may at any one time use under the licence.

PSV - S111 - Consideration of disciplinary action under Section 111 (The Transport Act 1985)

Quote from: http://www.legislation.gov.uk/ukpga/1985/67/section/111Unregistered and unreliable local services; reduction of fuel duty grant.


All opinions and onions mentioned on here are mine and not those of any employer, current, past, present or future, or presented as fact, unless I prove it otherwise.

PM

@the trainbasher

Thanks very much for posting-very useful. Each section certainly seems to encompass a massive range of offenses!! I just find it strange they took so long to start operating and operation may appear to be patchy.

I also think the timetables are poor in terms of catering for the peak BR flows which must be where the money's at. And why no Saturday Operation? Sundays I can understand but Saturdays!! The BR is often very busy with shoppers off to town... Bizarre...

Liverpool Street

lol "Unregistered and unreliable local services; reduction of fuel duty grant."

Why do they still think they can run like the 80's again!
Quote from: 2900
One thing Daimler Mercedes Benz are good at is producing excellent Diesel engines, I do miss the sound of the 0405n for all its faults you couldn't knock that 12 litre engine.
Quote from: karl724223
until it cought fire

Solo1

saw Discounts travels  depot today from the tram 4 buses in there

PM

Quote from: Solo1 on May 17, 2014, 09:51:43 PM
saw Discounts travels  depot today from the tram 4 buses in there

Did they all look to be alx200 darts as the fleetlist on the site only shows 3?

Solo1

any news on the PI today for Discount travel solutions

Ex BC driver

I think X179 CTG is on the 29, just heading to Northfield

vinh1000

Quote from: Ex BC driver on June 20, 2014, 11:56:01 AM
I think X179 CTG is on the 29, just heading to Northfield
Saw it
Blinds not working

fleetline6477

X 179 CTG is a Plaxton MPD Dart, I had assumed it was an ALX. Electronic blinds working.

Steveminor

They weren't working when I saw it in Harbourne yesterday

Solo1


the trainbasher

Looking at it an almighty cock up


All opinions and onions mentioned on here are mine and not those of any employer, current, past, present or future, or presented as fact, unless I prove it otherwise.

PM

Quote from: Ex BC driver on June 20, 2014, 11:56:01 AM
I think X179 CTG is on the 29, just heading to Northfield

Seen again today followed by an ex stagecoach alx200 so clearly running to timetable at that point-not! Seemed to be carrying a decent load though to be fair though the alx200 behind was empty as they are pretty much always on the 29.

PM

Quote from: DiamondDart on July 10, 2014, 08:24:09 PM
Quote from: Ex BC driver on June 20, 2014, 11:56:01 AM
I think X179 CTG is on the 29, just heading to Northfield

Seen again today followed by an ex stagecoach alx200 so clearly running to timetable at that point-not! Seemed to be carrying a decent load though to be fair though the alx200 behind was empty as they are pretty much always on the 29.

Parked up empty in Weoley Castle again today with the same driver...

PM

Not a bad operator this. The 63 I was on earlier seemed to be doing ok-10 at one point but mostly OAP's. The ex Stagecoach alx200 was nice though-seats re-covered fairly recently, rode well, surprisingly few rattles etc. Saw another alx200 on the 29 as well.

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