海角破解版鈥檚 Cotter wins critical appeal for Bristol bus business against traffic commissioner

29th April 2019

Independent bus operator Abus - which runs bus services in Bristol, Bath, North Somerset and further afield - turned to 海角破解版鈥檚 public and regulatory barrister Nick CotterNicholas CotterCall: 1999 when the business faced possible suspension of its licence and closure of the business.

Abus鈥� boss Alan Peters appealed the ruling from the Traffic Commissioner who controls and polices bus and haulage firm licences. The Traffic Commissioner Kevin Rooney had earlier held a public inquiry into the management arrangements of Abus, which is based in Bristol and has been run by Mr Peters for 27 years. This looked into the arrangements between Abus and his partner company Mundens, which is also based at the depot near Bristol Temple Meads Station; and raised questions about who was actually in charge, who should have the bus operator licence given that some aspects of the licence held by Abus were out of its control - employment of the drivers, for example.

The appeal found in Abus鈥� favour 鈥� ruling that the key Section 81 of the Public Passenger Vehicles Act 1981 provides that 鈥渢he bus operator is the person for whom the driver 鈥渨orks鈥� either under a contract of employment or any other description of contract personally to do work.鈥� The appeal also ruled that 鈥淲orks鈥� is not further defined in the 1981 Act and should be given its natural and ordinary meaning. A person can do work for someone without necessarily being employed by that person under an express or implied contract of employment.鈥�

The tribunal ruled that as the drivers were 鈥渨orking鈥� for Abus, Abus was the operator of the vehicles driven by the Mundens鈥� drivers. There has not been a material change of circumstances in terms of section 17(3)(e) of the 1981 Act, and the appeal concluded 鈥淲e agree that the traffic commissioner erred by holding that the purpose of section 81 was to establish control between the operator and the driver, by focussing on the聽 question of control and by relying on the terms of the written material.聽 This led to an erroneous result which must be set aside".

Mr Peters said: 鈥淔or 27 years, and three different Traffic Commissioners, no one has ever raised this as an issue before. This is why we appealed.鈥� 海角破解版 barrister Nick Cotter said 鈥淎bus buses maintained their services, pending this appeal, so can now continue to operate now without the threat and fear of losing their licence and closing down. Common sense and a fair view of our transport licensing laws prevailed.鈥�

To read the full judgement from the Upper Tribunal, Administrative Appeals, please click here.