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10-11-06 VOSA Clips Phoenix's Wings

VOSA (Vehicle and Operator Services Agency), supported by Wiltshire Police and Wiltshire County Council, successfully prosecuted Phoenix Plant and Coach Hire (UK) Ltd at Chippenham Magistrates on Monday 6th November, on five charges of using a vehicle on the road with no insurance in place. The offence was particularly grave as it concerned school buses on contract to Wiltshire County Council.

The case finally went ahead after it was adjourned at the first hearing on Monday 9th October 2006 following an unusual scenario in which an unsuitable defendant attended on Phoenix Hire’s behalf. Mr Paul Radcliffe was deemed inappropriate in his role as Maintenance Manager, as the Magistrates required a current company director or secretary. Mr Radcliffe’s, a former director, appeals that he was attempting to be reinstated to the board were met with the advice that he would only be allowed to speak on behalf of the company if successsful.

However, when the case was resumed on 6th November, neither Mr Radcliffe nor a registered director attended. Phoenix Hire was duly found guilty in absence and fined £4,500 on each count ( £22,500), plus £300 in prosecution costs.

The case stemmed from a check conducted on the Lyneham to Calne Bentley School run back on 8th February 2006 in which the vehicle was found not to be licensed. A further four buses were checked carrying children into Wootton Basset school on 22nd March 2006 and were subsequently found to be uninsured.

The Magistrates stated: “This was a disgraceful example of a firm carrying children and not properly fulfilling its obligation to the community or in law.”

VOSA Traffic Examiner Roger Beever said: “It is appalling to think that an operator could fail to maintain insurance cover on any vehicle, but particularly on public service vehicles, especially where their usage is the regular conveyance of school children. This case serves as a salutary lesson to all of the depths unscrupulous operators will plumb in order to cut their costs.

“VOSA would like to thank Wiltshire Constabulary, Wiltshire County Council the and compliant bus operators in the region.”

.− ENDS −

NOTES TO EDITOR:

VOSA (Vehicle & Operator Services Agency) is an executive agency of the Department for Transport. It is responsible for:

Processing applications for licences to operate lorries and buses and registering bus services

Operating and administering testing schemes for all vehicles, including the supervision of the MOT testing scheme

Enforcing the law on vehicles to ensure that they comply with legal standards and regulations

Enforcing drivers' hours and licensing requirements

Supporting Traffic Commissioners to help them make informed decisions on operator licensing, vocational drivers and bus registration requirements

Providing training and advice for commercial operators

Investigating vehicle accidents, defects and recalls

For media inquiries about VOSA, please contact: Henry Norman on 0117 954 3208 / henry.norman@vosa.gov.uk, or Zita Galambosi on 0117 954 2561 / zita.galambosi@vosa.gov.uk.

Could you please send the published version of any articles about VOSA to press@vosa.gov.uk, VOSA, Berkeley House, Croydon Street, Bristol, BS5 0DA, or fax them to 0117 9543303. Many thanks.

Page last updated: 10/11/2006


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