In revoking the two restricted O-Licences — each authorising two vehicles — held by Abergavenny-based mother and son Tracey and Ian Davis, Deputy Traffic Commissioner (DTC) Anthony Seculer has disqualified both licence holders from holding or obtaining a PSV O-Licence for 12 months.
A DVSA investigation raised concerns about the use of the Tracey Davis licence and the role of her husband Brian Davis and his business, Celtic Minibus Ltd, in the operation of that licence.
Celtic Minibus had held a PSV O-Licence from 14 January 2008 until 16 August 2019, when it was revoked owing to a change in legal entity. Tracey Davis and Ian Davis had both been directors of Celtic Minibus, a business run by Brian Davis.
The DTC said that there had been improper use of both licences for the benefit of Celtic Minibus, which held the school contracts that were the main form of declared income. Tracey and Ian Davis’ actions did not reflect respect for the regime, particularly having regard to the fact that they both had past involvement in the Celtic Minibus licence.
That licence was revoked as long ago as August 2019, and they were both highly likely to have been aware of the issues as a close family and business unit. Both Tracey Davis and Ian Davis had been formally involved at times since 2008 in Celtic Minibus, and Tracey Davis admitted she knew that Celtic Minibus’ licence had ended.
Ian Davis’ operations could not be allowed to continue when they were shrouded in deceit as to the real operator, the payments and the contracts being undertaken.
As he had effectively allowed an unlicensed entity to use his discs for an extended period and to have failed to have the drivers’ hours/working time controls in place for his hire-and-reward work, matters essential to public safety and fair competition, disqualification was appropriate and necessary.
In Tracey Davis’ case, the DTC said that her income from PSV operation was obscure. Her bank statements showed no transactions in or out, and that supported a finding that she was not the true operating entity. She conceded that she was lending her O-Licence discs to Celtic to allow it to fulfil its school contracts with Monmouthshire County Council.
She stated that it was only when the DVSA Vehicle Examiner spoke to her that she realised how wrong it was. That did not mean that she did not realise it was wrong at the time, and he gave far less credit to an admission, and apology, given only under questioning at Public Inquiry.
For the prolonged misuse of her licences, combined with the failure to have basic maintenance records in place prior to the DVSA visit, a period of disqualification was appropriate and necessary.
