The four-vehicle O-Licence held by Barry-based Herllo has been revoked and its Transport Manager (TM) Keith Davey disqualified from acting as such for one year by Traffic Commissioner (TC) Victoria Davies.
Mr Davey was required to re-sit and pass the TM CPC examination before the disqualification order could be cancelled or varied.
The TC said that Mr Davey was called to a Public Inquiry (PI) before her on 29 January, with Davey Travel, for whom he was the nominated TM. He did not attend the PI due to his ill health at that time. She found that his repute was tarnished in view of serious compliance failings. By the time of the PI, he had resigned as TM on that licence.
Ms Davies was advised that Mr Davey’s ill health had an impact on his ability to carry out continuous and effective management for Davey Travel, in addition to other factors. However, she was advised that he remained the nominated TM on the Herllo O-Licence. She requested an urgent update on the situation regarding Herllo’s ability to meet the ongoing and continuous requirement of professional competence.
DVSA Examiners reported that PMI records were not properly completed, with many reports recording road tests for assessing brake performance. The maintenance provider had changed, but that had not been notified to the Office of the Traffic Commissioner. Maintenance facilities were found to be inadequate.
There was no evidence of a wheel disruption log, driver training, company policy, or records on wheel re-torques. There was no evidence of tyre management systems, and safety inspections did not record tyre age or pressures.
The system for checking drivers’ licences was ineffective. The company claimed to be using an exemption from recording drivers’ hours under the ‘radio or television broadcasting’ derogation, but that was relevant only for goods vehicles, not PSVs.
There was no system in place to monitor drivers’ hours, including private hire driving activity. There were 12 instances found of vehicles being driven without a card for periods of between two hours 18 minutes and six hours 56 minutes.
There was a failure to comply with requirements as to driver card download frequency – one driver was missed by 506 days, and the vehicle unit tachograph calibration had expired. There was no system in place for managing working time, storing and retaining records, and no disciplinary procedures in place.
Neither the company nor the TM attended the PI. The company did not submit the requested financial evidence or its maintenance and drivers’ hours records in advance of the hearing. Mr Davey did not submit any evidence or written representations in advance of the hearing.
In not disqualifying the company, the TC said that she gave some credit for some changes that were introduced following receipt of the DVSA report. She also noted the representations of Director Carl Smith about his lack of experience in the transport industry prior to the commencement of the licence and that he placed trust in Keith Davey as a professionally qualified TM.
This might allow the company to return to the licensing regime should it wish to do so, but it would require a different approach to compliance.
