Suspension made following maintenance issues and concerns over the competence of the TM is lifted
The suspension of the two-vehicle national licence held by Gaerwen-based HDA Travel has been lifted by Traffic Commissioner (TC) Nick Jones.
The TC had suspended the licence until a competent qualified Transport Manager (TM) is in place, after holding that Director and TM Huw Dylan Ashton had lost his repute as a TM and disqualified him from holding or applying for any TM position in the EU until he passed a new TM examination.
Evidence was given that there was no forward planning system in place. The prohibition rate, which included a number of ‘S’ marked prohibitions, was more than three times the national average.
Preventative maintenance inspections had not been carried out at the required intervals. There was a lack of records with special concern over brake tests. Driver defect reporting had been ineffective with some reports not acted upon. Records had not been kept in one place as required.
Mr Ashton said that the vehicles were not worth much more than scrap. He also undertook a TM role for Gwynfor Coaches. He was not paid for his work for Gwynfor Coaches, as they were family.
The TC said that Mr Ashton was honest and was not a rogue, he just didn’t have the required skills. A competent TM appointment could allow the licence to continue. There would need to be a new competent TM appointed who had continuous and effective management of the transport before the suspension was lifted.
When the matter again came before the TC he said that the Contract of Employment for the proposed TM Peter Rowlands read more like a contract of service. The proposed payment of £6.92 per hour was below the national minimum wage – that rang alarm bells. He needed to ensure that Mr Rowlands was going to properly undertake the role of TM, and he had real concerns when someone was paid less than the national minimum wage.
In reply to the TC, Mr Ashton said he paid his drivers £9 or £15 per hour, depending upon the work undertaken. The old vehicles had now gone. He had no desire to operate more than two vehicles – he just wanted to get it right.
Mr Rowlands had passed his TM exam in January. He had seen what the failures were that led to the licence suspension. He worked for Gwynfor Coaches as a driver and doing the accounts in the office. One of the directors was to be that company’s TM.
Mr Rowlands said he was paid £8.16 per hour as a driver. Asked whether he was content to be paid less than the minimum wage as HDA’s TM, he said it would be good experience.
The TC lifted the suspension with a condition that the vehicles had roller brake tests at every inspection after Mr Ashton gave an undertaking that Mr Rowlands would be paid no less pro rata than a driver.
