False statements and the use of the O-Licence by an unlicensed operator have led to the revocation of the licence held by Anthony Morris
A series of false statements and the use of the O-Licence by an unlicensed operator have led to the revocation of the one vehicle restricted O-Licence held by Porth-based Anthony Morris by Traffic Commissioner (TC) Victoria Davies.
Vehicle Examiner Geraint Dean told a Pontypridd Public Inquiry that the legal entity operating the vehicle appeared to be a partnership between Paul Herbert and Anthony Morris. He was unable to engage with Mr Morris and dealt directly with Mr Herbert who described himself as Mr Morris’ “business partner”.
The vehicle operated under the licence was registered to Mr Herbert, maintenance was carried out by Mr Herbert’s son, the vehicle was parked at Mr Herbert’s address and Mr Herbert’s telephone number was displayed on its side with livery for “P & J Travel”. That livery was removed prior to the vehicle being presented for DVSA inspection. The operating centre specified was of a separate business located in Porth. However, the operator was unknown to staff there. They stated he had never parked vehicles there and had no permission to do so.
There was no evidence of any brake performance testing being carried out, no mileages recorded on maintenance inspection reports, no tyre tread depths recorded, and safety inspections were being carried out eight weekly rather than six weekly, as specified on the licence.
Driver defect walk-round checks were not being carried out effectively, with pre-use inspection only carried out by Mr Herbert once every two weeks. No mileage was recorded on driver defect reports. The specified maintenance contractor had no knowledge of the operator and its systems revealed that it had never seen any of the operator’s vehicles.
The vehicle being used did not have a commercial PSV MoT, but a class 5 private vehicle MoT test which was not valid for hire and reward. Mr Morris demonstrated no continuous and effective control of the operation. There was no evidence of any relevant continuous professional development undertaken by him since the licence was granted in 2002.
Revoking the licence, the TC said that Mr Morris made statements when applying for the licence which were false or had not been fulfilled, specifically that vehicles would be inspected at the promised intervals, that the vehicle would normally be kept at the designated operating centre, that safety inspections and maintenance repair work would be carried out by the designated maintenance provider and that he would abide by licence conditions.
He had failed to keep vehicles fit and serviceable; to report promptly any defects that could prevent safe operation of vehicles; to report defects promptly in writing; and to keep records for 15 months of driver defect reports, safety inspections and routine maintenance, and make them available on request. He was no longer operating the licence as a sole trader, with another legal entity apparently operating the vehicle. He had demonstrated no management control of the licence.
