A minibus operator that provided transport for frail elderly people in Kirkcaldy has been put out of business and disqualified from holding a licence for nine months.
Michael Connelly of ALM Private Hire had been providing minibus services for Kirkcaldy charity Day Centres Service Ltd.
However, he had his licence revoked by a Traffic Commissioner for Scotland public inquiry, after it emerged he did not hold an appropriate licence and concerns were raised about the safety of his vehicles.
His ex-wife Lindsey has also had her licence revoked, although she has not been disqualified.
The decision was taken by the Traffic Commissioner for Scotland after a public inquiry in Edinburgh on September 4.
In her report, Traffic Commissioner Joan Aitken said the then couple was granted a Restricted Public Service Operator’s licence in May 2005. Authorisation for two vehicles was granted.
Following receipt of an adverse report from the Vehicle and Operator Services Agency (Vosa) regarding one of the operator’s minibuses in the capital’s Queen Street and a maintenance investigation into the operator, the public inquiry was called.
Ms Aitken said that in the course of preparations for the inquiry, it emerged that Lindsey and Michael Connelly had been estranged from each other for about four and a half years, that they divorced approximately three and a half years ago and that the taxi operation ceased approximately four and a half years ago. She said the partnership to which this licence was granted had ceased, as had the principle occupation that facilitated the granting of a restricted licence.
The inquiry heard Mr Connelly had been using his sole name in business and his full-time occupation had become the provision of minibus services to Day Centres Service Ltd of Kirkcaldy.
The Driving and Vehicle Standards Agency (DVSA) report showed a 100% fail rate at annual test for the operator’s vehicles over the last five years.
Ms Aitken said she had “no option” but to put Mr Connelly out of business.
“I find that the partnership of Lindsey Connelly and Michael Connelly and Michael Connelly as an individual have lost their repute and I revoke this licence in terms of section 17(3)(d) of the 1981 Act.”
Ms Aitken said there was no suggestion in this case that Mrs Connelly has operated vehicles since the estrangement. Her fault has been not to notify the Traffic Commissioner office of the end of the partnership and to surrender the licence.
She added: “The question of disqualification relates to Mr Connelly who has used a restricted licence for his full-time occupation. That has lost him his repute.
“I do not think it equitable that he should be able to resume operation in another entity or class of licence without there being a re-balancing of fair competition.”
She added: “I have considered what period would be appropriate and have come to nine months, as Mr Connelly did not strike me as being, essentially, “a bad guy”; he has abused his possession of a licence and offended fairness to other operators but he appears to have had a good attitude to passengers.”
Day Centres Service Ltd in Kirkcaldy declined to comment, while Mr Connelly could not be contacted.