The inquiry was convened to consider the operators’ compliance with licence undertakings, including the punctuality of bus services, vehicle maintenance, driver defect reporting, and overall transport management systems.
Evidence was also considered from Bus Users Scotland, which highlighted concerns about punctuality and reliability of services operated by both companies.
The Commissioner noted that passenger complaints and monitoring data indicated that services were not consistently running to schedule, undermining public confidence and potentially breaching licence undertakings.
The inquiry explored whether the operators had failed to operate services as registered, and whether they had taken sufficient steps to address punctuality issues.
The Commissioner found that both companies had failed to meet the expected standards of compliance. Specific issues included inadequate systems for reporting and rectifying vehicle defects and failures in ensuring vehicles were roadworthy and maintained in accordance with the declared inspection intervals.
There were also weaknesses in the oversight provided by the Transport Managers. On one notable occasion, a bus caught fire whilst in operation. The vehicles had been purchased from another large operator in Scotland.
Despite these shortcomings, the Commissioner acknowledged that both operators had taken steps to improve compliance, including investment in new systems and personnel changes.
The Commissioner indicated that deterrent action was required to achieve the aims of the statute and to ensure that levels of service match the expectations of the travelling public in Scotland. McGill’s Bluebird Ltd was ordered to pay a penalty of £29,700 for failing to operate services in accordance with registered timetables, now in that name. This was paid to Scottish Ministers under section 39 of the Transport (Scotland) Act 2001.
Commissioner Turfitt said “I make very clear that these operators can no longer use the poor state of vehicles as an excuse for failing to meet published timetables. Both are given a final warning. I find the repute of each entity to be severely tarnished by the finding of maintenance issues identified at the hearing… Any further reports are likely to result in consideration of more extensive intervention. I also take account of the previous reports of poor punctuality.”
The Transport Managers involved were reminded of their statutory duties and the importance of proactive oversight.
The Commissioner directed that future operations will be closely monitored, and any further failings may result in more serious regulatory action.
For full details of the decision, visit the Traffic Commissioner Regulatory Decisions page
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