Banned bus firm misled the public

Apr 14 2009 by Les Stewart, Perthshire Advertiser Tuesday

A SMALL, Perth-based company has been banned from operating for three-and-a-half years after it waged a mini ‘bus war’ against transport giants Stagecoach.

Joan Aitken, the Traffic Commissioner for Scotland, also fined the operators of Bankfoot Buses Ltd. £1,650 for a catalogue of dodgy dealings.

She said: “This is a serious case of willful disregard of the regulatory regime and of very unusual and unprofessional behaviour.”

A spokesman for Stagecoach yesterday welcomed the Commissioner’s decision, branding the conduct of Bankfoot Buses as “shameful”.

Bankfoot Buses is operated by Ptarmigan Transport Solutions, based at Arran Road, Perth.

Their directors are Mr Stuart Newing-Davis, who is also transport manager, and Mrs Sarah Ann Newing-Davis.

The Commissioner called the bus company to a Public Inquiry in Edinburgh – but no representative turned up and proceedings took place in their absence.

In her decision, just issued, Joan Aitken found that Bankfoot Buses Ltd. had attempted to interfere with another operator's routes (Stagecoach) and attempted to mislead the public by using a similar livery and uniform to that of Stagecoach.

They also tried to create good will towards their own buses and ill will towards Stagecoach by means including offers of free buses, mulled wine and charitable donations.

The Traffic Commissioner also found that the operator had:

l Used a forged operator licence disc.

l Failed to display valid operator licence discs.

l Failed to operate registered services without reasonable excuse.

l Interfered with bus stop arrangements in Perth City Centre to the detriment of road safety, traffic management and public expectations.

On occasions, Bankfoot Buses operated a double decked bus in a livery very similar to that of Stagecoach, including a version of the Stagecoach corporate badge. The bus displayed the name Stagecoach.

Ms Aitken added: The operator’s on/off approach to when he would run his registered services is as bad as it can get.

“The company and its directors must be put beyond public service vehicle operating for a good period of time.”

The order banning the company and its directors from holding or applying for a public service vehicle operator licence throughout the UK will come into effect from Thursday, April 16.

The fine, payable to Scottish Ministers, is also due on that date.

Bankfoot Buses could also be investigated over whether improper claims have been made for concessionary fares reimbursement.

Describing the conduct of the bus operator – and Mr Stuart Newing-Davis – as “bizarre”, Ms Aitken added: “I have to wonder at what was going on.

“I will direct that a copy of this decision will go to Transport Scotland and to the Department for Transport for their respective interests in the distribution of public funds, for there is always the possibility that improper claims have been made for concessionary fares reimbursement and for BSOG (whereby funds are advanced to operators to assist with payment of fuel tax.”

A Stagecoach spokesman said: “We are pleased the Traffic Commissioner for Scotland has taken firm action to protect customers and the reputation of bus services.

“Stagecoach is a long-standing bus operator in Perth and we have invested millions of pounds over many years in making bus services in the area better and improving the perception of bus travel among the public.

“Bankfoot Buses have been involved in a shameful catalogue of serious offences, including contravention of bus regulations and trying to mislead the public, which threatened the good reputation of our industry.

“We hope today’s decision by the Traffic Commissioner will send a strong message that unprofessional behaviour and a willful disregard of regulations will not be tolerated.”