In refusing to accept the surrender of the O-Licence held by Stranraer-based Elspeth and Simon McCulloch, trading as Messrs J McCulloch and Son, and revoking the licence, Deputy Traffic Commissioner (DTC) Kenneth Young said that the conduct of the operator and its refusal to engage with either DVSA or the Office of the Traffic Commissioner (OTC) combined to persuade him that road safety could only be safeguarded by regulatory action.
The informed observer should be aware that refusal to engage with the road safety regulator for the PSV industry will result in proportionate action. In circumstances of serious failure and non-engagement, an operator will not be permitted to simply surrender its O-Licence.
The firm was called to a Public Inquiry because three drivers were found driving without a valid Driver Certificate of Professional Competence (CPC). The firm declined to attend the hearing, with neither partner attending.
It was identified during the investigation that Simon McCulloch had carried out 178 occasions of driving without holding a Driver CPC entitlement between 3 August 2024 and 18 June 2025. Driver Martyn Roddie did not hold a Driver CPC qualification between 22 October 2024 and 18 June 2025 and had driven on 128 occasions without a Driver CPC qualification. Driver David Jones did not hold a CPC qualification from 24 April 2023 to 6 September 2024 and had driven on 92 occasions.
The DVSA investigations uncovered that there were 15 occasions of missing driver card data, across four drivers. There were 16 instances of missing vehicle unit data. There were two instances of driving without a card inserted.
When interviewed under caution, Mr McCulloch said that he knew he should not have been driving without a Driver CPC entitlement and had simply not made the time to do the five-day course required. Other than driver shortages, Mr McCulloch provided no explanation for his conduct.
By email of 8 July 2025 to a traffic examiner, Mr McCulloch discussed a vehicle encounter on 18 June 2025. He confirmed it had brought into sharp focus his responsibilities and he had decided he no longer wished to bear those responsibilities and would be surrendering the O-Licence on 10 August 2025.
Mr McCulloch stated he had been under huge stress and pressure trying to conform to all the responsibilities put upon him as both a transport manager and business manager and he had realised that no matter how much work he put in, it would never be enough. The mental health breakdown he had suffered after the encounter had made him appreciate that he must prioritise his own health.
The DTC disqualified Mr McCulloch from acting as a transport manager indefinitely without specifying any rehabilitation measures. He also suspended his PCV driving entitlement for 16 weeks.
Finally, the DTC said that, due to the seriousness of the failings and the lack of engagement with DVSA and OTC, should either Elspeth or Simon McCulloch seek to return to the industry and/or apply to be added to an O-Licence in the future, it should be referred to a TC.
