Decision

Written decision for F1AA Ltd (PM2025904)

Published 8 October 2020

In the Scottish Traffic Area

Written decision given by Anthony Seculer, Deputy Traffic Commissioner, on 23 January 2020.

1. Decision

The standard national PSV licence is granted as applied for.

2. Background

F1AA Ltd, Mohammed Azeem Younas (“the applicant company”), applied on 24th September 2019 for a Standard National Public Service Vehicle Operator’s Licence to authorise the use of one vehicle.

Mohammed Azeem Younas is the joint director with Azma Younas, his sister. Ian Summers is the nominated transport manager.

Mohammed Azeem Younas has been linked with 3 recent failed applications for PSV Licences:

1. Mohammed Azeem Younas t/a F1 Limos – Restricted Licence authorisation for one Hummer vehicle (G4 RGA), refused at Public Inquiry on 4th December 2018 on applicant failing to satisfy test of “main occupation” and “satisfactory arrangements for securing compliance”.

2. Mohammed Azeem Younas t/a Xclusive – Restricted Licence application refused on 11th March 2019 on Traffic Commissioner indicating intention to refuse and advising “the way forward for you as discussed at the last hearing is to apply for a standard national licence”.

3. Mohammed Azeem Younas t/a Xclusive – Application for a standard national licence made on 8th March 2019 with Krystyna Ferguson nominated as transport manager. Ms Ferguson withdrew her nomination on 19th June 2019 and in absence of alternative transport manager being proposed, application was refused on 3rd July 2019.

During the course of the last application it was noticed that the applicant was already advertising the Hummer vehicle as available for hire. In a letter from the applicant’s transport consultant dated 8th March 2019 the applicant accepted that “the images and content on the website is misleading but stresses that he has not operated the vehicle without a licence…Mr Younas has taken steps to remove this content from his website until such times that he holds the appropriate licence to operate.

Despite this assurance, the call-up letter and public inquiry brief contains details of continuing advertising in the operator’s trading name between 6th December 2018 and 16th December 2019. Those advertisements continued to be updated as recently as 31st October 2019 with the post stating “Hire this beast Hummer H2 triple axle 8-wheel limo on Halloween. You can go to the club, a party, an event or just spend the day and night cruising on the streets with your friends or family”.

The call-up letter dated 19th December 2019 refers to the operator needing to establish repute, particularly in the light of the suggestion of unlawful operating. The letter also refers to the onus on the applicant to establish adequate arrangements for securing compliance and adequate systems and procedures to hold a PSV Licence.

Subsequent to the issue of the public inquiry brief, notification was received of a prohibition issued to the applicant in respect of a detached prop shaft on his Hummer vehicle on 1st January 2020 at about 15.00. The vehicle was rendered unmovable and the park brake was inoperable requiring Mr Younas, the driver, to have to keep the foot brake depressed to prevent the vehicle moving. The applicant was advised on 10th January 2020 that the traffic commissioner would have regard to the cited prohibition.

3. The Public Inquiry

At the public inquiry I heard evidence from Mr Younas.

4. Decision and Reasons

On an application for a new operator’s licence the onus is on the applicant to satisfy the traffic commissioner as to the mandatory requirements of the licence. Section 14(1) states that an applicant for a standard or a restricted licence must be of good repute. Mr Younas as the sole active director of the applicant company has allowed good repute to be jeopardised by the advertising of the vehicle as available for hire on a social media site. The prohibition on 1st January also raises the prospect of unlawful use. Dealing firstly with the 1st January, I note that the police officer in the case negates any suggestion of passengers being present or commercial use being evidenced. Nevertheless the prohibition relating to the propshaft of the Hummer underlines the risks posed by such vehicles in many cases and stresses the need for maintenance regimes and reports to be strictly adhered to.

With regard to the social media advertising, I accept Mr Younas’s contention that the Facebook pages did not reflect the content of the Company website which had correctly removed all reference to the Hummer. Clearly, he should have exerted more control over the content of those webpages but I am satisfied that the social media advertising was separate from the bookings link.

Crucially the actual mileage covered by the vehicle in the months between the MOT in May 2019 and the prohibition in January 2020 are more consistent with private use as stated by Mr Younas than with regular commercial use. I therefore accept the applicant’s evidence that the vehicle has not been used for hire or reward.

The transport manager, Ian Summers, has not attended today. I have given consideration to refusing or adjourning the application pending his attendance, but having heard evidence from Mr Younas confirming that monthly payments of £350 have been made since September 2019, I am prepared to take on trust that the relationship will be an ongoing, meaningful and effective one. Both parties will be aware of the consequences in terms of loss of professional competence should this prove not to be the case.

Taking the above findings into consideration I am prepared to give the applicant the opportunity to demonstrate that the commitment Mr Younas has shown to obtaining the licence can be maintained to secure full compliance with all the requirements of holding an operator’s licence. Arrangements are in place for maintenance, tachograph analysis and monitoring drivers’ hours. Good repute has been established and accordingly the standard national PCV licence is granted as applied for.

Anthony Seculer

Deputy Traffic Commissioner

Scottish Traffic Area

23 January 2020