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routeone > Legal > Express Motors loses fresh licence bid
Legal

Express Motors loses fresh licence bid

routeone Team
routeone Team
Published: March 2, 2018
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The bid by Express Motors Caernarfon, to take over part of the business of Express Motors (Penygroes) and the associated Eric Wyn Jones and Jean Ann Jones – trading as Express Motors – has been turned down by Traffic Commissioner (TC) Nick Jones.

Last August the falsification of maintenance records led to the revocation of the 20-vehicle licence held by Express Motors (Penygroes) with effect from the end of 2017, and the disqualification of Director Ian Wyn Jones – who was responsible for the falsifications – from holding or obtaining a PSV O-Licence for 12 months. 

The TC also held that Kevin Jones had lost his repute as a Transport Manager (TM) and disqualified him from acting as such until he had undertaken a three-day TM refresher course. The TC revoked the 35-vehicle licence of the partnership, of the same address, on financial grounds [routeone/Court Report/6 September 2017].

On 2 January four directors of Express Motors (Penygroes) Eric Wyn Jones, Ian Wyn Jones, Keith Jones, and Kevin Jones pleaded not guilty to conspiracy to commit fraud involving the bus concessionary fare scheme at Caernarfon Crown Court. They face trial in September [routeone/News/10 January].

Express Motors Caernarfon initially sought a new 35-vehicle international licence, but at the outset of the Public Inquiry reduced the proposed authorisation to 15 vehicles. The sole Director of the firm was Rhian Wyn Davies, the daughter of Eric Wyn and Jean Ann Jones. The TC was told that operation continued in January despite the revocations [routeone/Court Report/24 January].

Refusing the application, the TC said that he was not satisfied that the company met the requirement to be of good repute, that it had satisfactory maintenance arrangements or satisfactory arrangements for ensuring the law in relation to the driving and that the operation of vehicles was complied with.

Vehicle Examiner Phillip Bramham was appalled at the actions of drivers involved in a wheel loss incident in November. The response from Mrs Davies’s husband was woefully inadequate. The response to the wheel loss incident reflected a dangerously low standard of care to public safety.

There was evidence demonstrating that Mrs Davies and her husband working with an independent TM, such as Dillwyn Roberts, could perhaps safely run a small PSV business, one which could grow over a period of time. However, he did not share the optimism that they could do so under current arrangements, utilising facilities owned by other members of the family.

Mr Roberts suggested conditions on a licence to ensure family members did not interfere; unfortunately, they were in his view unenforceable. Why would family members give up assets at a time when they might need to utilise them? No members of the family who were involved in the previous entities had attended or written to confirm that they would transfer assets and would not seek to be involved in any new business.

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