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Background
Background
Mr Bain
Mr Douglas Bain was the holder of a standard international operator’s licence, granted under the PPVA 1981 which authorised use of 12 vehicles (licence no. PM0000657). The business carried on under that licence had the trading name of Bains Coaches. Mr Bain was also the sole director of ABC (Methlick) Ltd, which held a standard international operator’s licences authorising use of six vehicles (licence no. PM0001603). Mr Bain was the designated transport manager under both licences.
- Heading
- Appellants: (1) Mr Douglas Bain (in his capacity as the holder of an operator’s licence, trading as Bain’s Coaches, and in his capacity as a designated transport manager) References: PM0000657 (Bain’s Coaches); PM001603 (ABC (Methlick) Ltd)
- This appeal is ALLOWED . The four decisions taken by the Traffic Commissioner for Scotland on 6 August 2023 are set aside (ref’s PM0000657 and PM001603) because they involved errors on points of law
- REASONS FOR DECISION
- Background
- 2019 public inquiry
- Events preceding the present public inquiry
- The public inquiry
- Traffic Commissioner’s reasons for her decisions
- Commissioner’s findings about Mr Bain
- Why the Commissioner revoked both operator’s licences
- Grounds of appeal, and arguments in support
- Ground 2 – flawed obstructive course of conduct finding
- Ground 3 – selective reliance on TE Jarvis’ evidence
- Ground 4 – failure to take into account material evidence
- Ground 5 – Traffic Commissioner’s weighing exercise
- Determination of appeal
- Grounds 2 to 5
- Conclusions