BUS AND COACH COUNCIL opposition failed to stop the Yorkshire
Page 17
If you've noticed an error in this article please click here to report it so we can fix it.
Traffic Commissioners granting a new psv operator's licence to Drapeweb, trading as Terry Shaw Coachways of Barnsley, last week.
The company had applied for a licence authorising nine vehicles (CM, January 21) but the Commissioners have only granted authority for four and have limited the licence to one year.
The main plank of the BCC objection concerned the repute of Terry Shaw, the principal director, because of his connections with Shaw's Coaches Ltd which went into liquidation in November 1983.
That company owed money to a large number of other operators and to hoteliers, and the debt to its creditors totalled £340,000. It was argued that the company had been badly managed and much of the responsibility fell upon Mr Shaw.
The Commissioners said they had taken account of the fact that as company law stood it was not a criminal offence to go into liquidation or against the law to apply to form a new company following involvement with a liquidated company.
Perhaps that law required to be adjusted but that was not a matter for the Commissioners who had to consider matters as they were and not as they might or should be.
They concluded that Mr Shaw had lost much of his good repute with those involved with the coaching industry and that some of that might have been due to lack of professional competence.
On the other hand, there were no convictions of any sort against Mr Shaw and he had carried out his duties as transport manager from 1969 until 1983 apparently without fault and could not on the evidence be considered grossly incompetent or dishonest.
The Commissioners had decided therefore that on balance they could not say that Mr Shaw had lost his good repute.
There was further argument that the company had insufficient financial resources to ensure the establishment and proper administration of the business.
The Commissioners accepted that for the licence applied for they were satisfied that the resources were sufficient for a lesser number of vehicles.
However, in view of the previous history of Mr Shaw's management involvement in the liquidated company the Commissioners believed that particularly close supervision of the new company was required and that was reflected in their decision.
They commented that enquiries concerning allegations of irregular operation made at the public sitting would be continued.