Cumbrian bus firm stripped of licence after faults on school vehicles

North West Traffic Commissioner Simon Evans is to revoke the operator’s licence for Cleator Moor-based 3D Travel, after ruling that its repeated and “reckless” safety failings exposed passengers to undue risk.

The company's "negligent" maintenance was first exposed in 2009, and investigated at public hearings in 2010, 2012, and 2014.

Yet it was not until May of this year, after a snap inspection found a catalogue of serious faults on the firm's school bus fleet, that Cumbria County Council stepped in and temporarily suspended 3D Travel's six school contracts.

Within days, the firm's bosses formally resigned the contracts.

After a fourth public inquiry in August, Mr Evans concluded that the situation was so serious the firm's co-partner Peter Kermeen should be barred from working as a transport manager for two years.

Mr Evans stripped him and his business partner Elaine Fletcher of their operator's licence for nine months.

Mr Kermeen has responded to the decision, saying he is "disappointed" and confirmed he is looking into appealing the Commissioner's decision.

He also moved to reassure the public that "no one was ever at risk" and to thank his passengers for their goodwill and support.

The latest inquiry, held near Wigan on August 24, heard how a snap inspection of the 3D Travel's fleet buses found “safety critical” defects with four of the firm's six school buses.

The problems included maladjusted brakes; an excessively worn brake pad; a missing pin designed to hold a brake pad in place; an insecure flap door on a luggage compartment; and serious tyre damage.

A further inspection in June found two more faults - one involving a bus's braking system and the other an insecure door-holding device.

Commenting on this, the Commissioner said: "For two thirds of an operator's fleet on a single day to be found defective and worthy of immediate prohibition is alarming in the extreme."

The Commissioner's report sets out how 3D Travel was first granted a public service vehicle operator's licence in 2003, with the firm operating up to 14 vehicles. Yet 3D Travel repeatedly failed to properly maintain its fleet.

At the August inquiry, Mr Kermeen told the Commissioner he was stunned by the findings of the snap inspection in May, and felt “pressured” into resigning from the school bus contracts.

He initially claimed inspectors exaggerated problems, but withdrew that allegation. The report spells out the firm's history of safety failings, with a “disproportionate” number of brake defects.

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The problems included:

2009: An unsatisfactory bus inspection regime, with inadequate driver defect reporting, poor record keeping, and a “sub-standard” MOT history.

2010: A commissioner expressed “extreme concern” over the firm's failure to improve its maintenance.

2012: Investigators found "a lack of basic skills” in the firm's maintenance staff and failures in defect reporting. Mr Kermeen's reputation as a transport manager was deemed “severely tarnished.”

2013: Poor in-house maintenance and buses failing MOTs prompted a further public inquiry. The Commissioner warned Mr Kermeen he was risking his business.

2016: Another unsatisfactory maintenance inspection.

2017: The buses' condition said to indicate a lack of basic inspection skills at the firm and a “very low standard of maintenance.”

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Mr Evans concludes: “I am satisfied that as a result of deficiencies in the in-house maintenance arrangements, including the lack of capability of the partners to manage its fitters, road safety has been compromised over a long-term period and in an ongoing manner.

“Those failures, since they are prolonged and relate to issues directly related to the safety of passengers and other road users, constitute a reckless as well as a negligent failure on the part of the operator.”

Despite promises to improve, the reckless acts of the operator caused undue risk to road safety, said Mr Evans. He added: “I cannot conclude that this operator will be compliant in the future.

“The promises and assurances made in an effort to satisfy me that this licence might continue fall into the category of 'far too little too late' for me to have confidence that the operator has turned the corner in terms of compliance.”

Elaine Fletcher, responsible for administration, said staff at the firm had worked hard to keep things right. The results of the May inspection left everyone in shock, she said.

The News & Star asked Cumbria County Council why 3D Travel was allowed to continue operating its school bus contract despite its eight year history of failings.

A spokesman said: “Prior to awarding any operator a contract to transport members of the public, including school children, the council requires evidence that valid licences are in place and MOT documents are up to date for every vehicle in the operator’s fleet that are used for council contracts.

“The council only awards contracts to operators who provide evidence of all the required documentation, and we monitor the performance of operator vehicles with regular unannounced spot checks.

“Any concerns are raised with the appropriate authority.

“When concerns were raised against 3D travel earlier this year, the council took decisive action and immediately suspended all the routes they operated on.

"The safety of school children is of paramount importance to the council’s school transport team.”

The firm is still operating taxi services in west Cumbria – though such businesses are regulated by the local authority.

Mr Kermeen's statement in full

"I am very disappointed by the decision of the Traffic Commissioner regarding my operation of vehicles used to provide services to schools and community groups in this area over many years.

"I am in discussions with my legal team regarding an appeal of the decision and of the penalty imposed, which to me is disproportionate and fails to adequately consider changes and improvements in place since the date of the inspections which gave rise to the Public Inquiry.

"We have served the community for the past 14 years without incident where passengers young and old have been transported safety.

"I fully appreciate and agree with the need to ensure the safety and well-being of the passengers transported by my business and in all our years of operating no one has suffered any harm.

"I am grateful for the support of my passengers and the goodwill extended to me which I greatly value.

"The occasional breakdown like with others do happen but regarding passenger’s safety no one was ever at risk. This, like others, is due to the fact of procedures being in place, the approach can be fit for purpose and protocols in place but it requires application and herein lies the problem.

"Locally we have heard recently where wheels have come off buses/ coaches on three separate occasions with one operator but thankfully no serious outcome and they were exonerated.

"The approach with good intent is present but the application can fail. While there was no immediate danger to anyone and certainly no recklessness, no proof exists that at any time past or present there was a danger and no serious accidents have ever taken place in all he years we have operated.

"We work as a team and as a company have employed and trained many local people within the community and provided opportunities.

"I express on behalf of the company that never at any time was there any shortcuts or expense spared in maintenance requirements.

"I am sure that with appropriate changes to our management personnel the understandably rigorous requirements for coach transport operators can be and will be achieved."