The four-vehicle national O-Licence held by Swansea-based Swan Coaches was revoked, and its Transport Manager (TM) Wayne Jones disqualified for 12 months, after Traffic Commissioner (TC) Victoria Davies concluded the company was unfit to hold an O-Licence because of ineffective control and insufficient procedures in place to prevent the compliance failures found.
In her decision, the TC said that the directors were husband and wife Joshua Turner and Bethan Turner. Wayne Jones was the half-brother of Mr Turner. He had been the nominated TM on the O-Licence since grant.
The licence application was called to Public Inquiry (PI) because of concerns about Wayne Jones, given that he was employed as an engineer in Coventry where he lived, had relatively recently gained his CPC TM qualification and had no experience of acting as a TM. There were also concerns due to familial links to a recently revoked O-Licence held by 24/7 Elaine’s Minitravel.
The directors of that company, Michael Jones and Elaine Jones, were disqualified from holding an O-Licence or being involved in the management, administration or control of an entity that holds a licence for a period of three years.
Michael Jones was the father of both Joshua Turner and Wayne Jones. TC Davies was given assurances to address the concerns that had been raised; specifically, that Wayne Jones had changed his working and living arrangements and was by then working part-time as an engineer in Coventry and living in South Wales, and that Michael Jones would not be involved in the operation, except as a driver.
Due to those assurances, the TC decided to grant the application with some additional undertakings. These were that the operator would arrange for an independent audit and that Michael Jones and Elaine Jones would not be involved in the management.
In view of the persistent shortcomings identified in the audit reports, including concerns about the undertaking restricting Michael Jones’ involvement apparently not being complied with, the company was called to a PI. It was required to send evidence of its financial standing, its recent maintenance records in respect of two of its vehicles and evidence of its systems for managing drivers.
Prior to the hearing, Mr Turner emailed the TC’s office expressing concern that the company had been called to the PI and asking that his email be treated as a complaint about the decision to do so. Neither the company nor the TM attended the Inquiry hearing and the requested evidence was not received.
The company’s failure to provide any of the requested documentation and its failure to attend the PI hearing went directly to its fitness to hold an O-Licence and its failure to provide the requested evidence of its financial standing meant TC Davies could not be satisfied it met the requirement for financial standing.
Wayne Jones, in his capacity as TM, failed in his duty effectively and continuously to manage all the transport activities of the business, as required by the legislation. There was very little evidence of his involvement in the operation at all, and he was not even present at the time of the audit.
