The revocation of the national O-Licence held by DMD Cardiff Ltd by Traffic Commissioner (TC) Victoria Davies, after the company failed to providethe required details of a new Transport Manager (TM), has been upheld by the Upper Tribunal on appeal.
Information missing
The company was given a period of grace by the TC to obtain a new TM after its original resigned. The TC wrote to the company informing it that the application was incomplete, and that further specified information had to be provided, failing which the licence would be revoked.
The following information was identified as missing: A signed TM declaration; the new TM’s full original Certificate of Professional Competence in Passenger Transport; details of the arrangements between the company and the new TM; and a detailed account from the new TM as to how he would meet the requirements of the role given his other responsibilities that might impact on his availability.
The company did not respond to that letter and the TC revoked its licence.
Challenges stressed
Sole Director Steven Lyle submitted to the Tribunal that he considered it was unfair that he had had the licence revoked. He stressed the challenges for any new, small business,
including the challenge of finding and keeping a TM for a small business involved in the operation of PSVs.
He said that he had found the completion of the application form for the replacement TM difficult, and requiring considerable engagement with the TC’s Office.
He felt hard done by because he had lost the vital O-Licence — upon which the whole business was entirely dependent — simply because a signature had been omitted from one of the forms.
Warnings were clear
Dismissing the appeal, the Tribunal said that it did not consider that any of Mr Lyle’s submissions suggested that the TC’s decision to revoke the licence was arguably wrong.
Given that the information required for assessment of the proposed new TM was not provided to the TC within the three-month period of grace, her decision that she was not satisfied that the company had a TM who was professionally competent in accordance with the statutory criteria was unimpeachable.
It was made clear by the TC that, if the specifically requested information was not provided by the end of the period of grace, then the licence would be revoked.
Mr Lyle did not take heed of the warnings as he should have done.
