The illegal operation of bus services in North Wales and vehicle maintenance issues led to Traffic Commissioner (TC) Nick Jones revoking the licences held by Shrewsbury-based The Skiers Lodge, trading as TSL and Express Airport Transport (Europe), and to refuse an application for a licence by Rhosymedre-based TSL (Wales).
He also disqualified The Skiers Lodge from holding or obtaining a PSV O-Licence indefinitely. He disqualified the companies’ sole director, Andrew Martin, from holding a PSV O-Licence for two years and Mr Martin and John Jackson from acting as a Transport Manager until they pass a fresh examination.
The TC had considered action at a Welshpool Public Inquiry against the 10-vehicle international licence of The Skiers Lodge, the 13-vehicle international licence of Express Airport Transfers (Europe) and an application for a new-20 vehicle international licence by TSL (Wales), reduced to five vehicles at the hearing [routeone/Court Report/17 October 2018].
In a written decision, the TC said that it might be that Mr Martin was let down by his employees. However, Mr Martin could not absolve himself from his responsibility by blaming others and his lack of appreciation of the concept of ostensible authority did not impress him.
He could not trust Mr Martin to run a compliant PSV business. His failings were far-reaching. The production of a document that attempted to circumvent the law relating to an operating centre illustrated some of the fundamental problems with Mr Martin.
The failure of Mr Martin to take advice reflected a level of arrogance that makes it necessary to keep him out of the operator licensing system for a period of time.
He had caused considerable reputational damage to the PSV industry. Whether or not other individuals had responsibility for a wheel loss did not detract from his personal responsibility as sole director of all the legal entities.
There had been abject failures to comply with minimum standards in relation to road safety and basic legal principles. The unwarranted confrontational demeanour to DVSA examiners was unacceptable.
Mr Jackson was honest as to his knowledge that his employer was doing something fundamentally illegal and improper. He had been wholly unprofessional in that he did not have the guts to tell his employer that his understanding of the law was wrong.
The revocation and disqualification orders are the subject of appeals to the Upper Tribunal.
