Jo licence for abuse
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DACH operator which sought stage service licences for dere. ted services has had its application rejected by the South-eastTraffic Commissioners on the grounds that Its motives were nst the public interest.
emier Coaches (Watford) sought stage licences for ler express services from St ins to Bournemouth, South Bognor Regis, Brighton, Worthing, Eastbourne, and Hastings, but were only granted them for the services to Brighton, Worthing and Bognor.
The company had told the Commissioners that, although the granting of stage licences would entitle it to fuel duty rebate, it was more concerned about minimising or possibly avoiding its need to comply with the drivers' hours obligations contained in EEC Regulation 543/69.
Commissioners chairman Randall Thornton has told the operator that the obligation to observe 543/69 does not depend primarily upon the type of licence given for the service, and said it considered that Premier's motives for seeking the licences could amount to an abuse of the licensing system.
"Although at the time of this sitting there were no subsisting objections from third parties to any of the applications, the Commissioners felt that there were prima facie grounds for thinking that to grant them might be against the public interest," he added.
As Premier did not intend to advertise the availability of local fares on sections of the routes, the Commissioners said it was against the public interest for the operator then to be granted access to fuel duty rebate, and added that the same applied to any means of avoiding drivers' hours regulations which are intended to protect public safety.
The inclusion of pick-up points at Dorking and Guildford on the Brighton/Worthing and Bognor services respectively justified the granting of licences for these services, as they were all under 30 miles from the south coast.
But, while Premier said it had a non-advertising of pick-up points arrangement with Southdown, the Commissioners hinted that this might not easily be enforced, and said it would be against the public interest if they did include such a condition on the licences.