12 I operate three stagecarriage services in my rural area
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and have been unable to adhere to the published timetable on a number of occasions because of staff shortage, sickness, non-avail ability of vehicles because of spares shortages and so on. Now, a number of people have complained to the Traffic Commissioners. Could I lose my road service licence?
A Part III of the Road Traffic Act 1960 provides for the issue of road service licences. Section 136 deals with the revocation and suspension of such licences.
Here, it is laid down that the Traffic Commissioners may revoke or suspend the licence on the grounds that any condition subject to which the licence was granted has not been complied with. The timetables which you submitted were undoubtedly a condition of grant of licence and there is little doubt that they have not been complied with.
However, subsection (1) goes on to say that the Traffic Commissioners shall not revoke or suspend the licence unless, because of the frequency of the breach of conditions or the breach having been committed wilfully, they are satisfied that the licence should be revoked or suspended.
Therefore, before taking action, the Commissioners are bound to ask for an explanation. From what you say the breach of conditions was not wilful. It is not possible from the information which you have given to give an opinion of the frequency. It seems that, unless the breaches could be considered frequent, no action will be taken against your licence in the absence of an alternative replacement service.