Licence taken for lack of transport manager
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B&K Transport has its licence revoked after it was discovered that it had not had a transport manager for three years
By Roger Brown
LLANDUDNO-BASED haulage company B&K Transport has had its O-licence revoked after it was found to have operated without a transport manager for more than three years.
In a written decision following an October 2011 public inquiry (PI), Lester Maddrell, Deputy Trafic Commissioner (DTC) for Wales (pictured), also described boss Bryn Roberts as a “not very sophisticated individual” , and said he had lost his repute.
The PI was told how in June 2008, the relationship between Roberts and his original transport manager Gwyn Jones broke down and the pair went their separate ways. Roberts took no steps to replace him until the end of 2009, when he appointed Sian Hession as a second transport manager.
However, he never asked her to carry out any duties and she received no payment. In an interview with a VOSA trafic examiner in January 2011, Roberts said Hession had been the CPC holder and transport manager on the licence for about three years.
He later admitted this was an attempt to fool the examiner about the position over his transport manager.
Both Jones and Hession remained listed as transport managers until just before the October 2011 PI, at which point they each sent letters of resignation. About the same time, B&K appointed fully qualiied transport manager Jean Davies to the role, who Maddrell described as an “organised, competent professional”.
The hearing was told how the annual test history of B&K Transport was good and its vehicles had not attracted prohibitions. However, its driver defect reporting system was casual – Roberts did not record minor defects or their rectiication because he was the only driver – and the irm’s six-weekly maintenance inspection intervals were exceeded by one, two and, in one particular case, nine weeks.
The DTC also looked at Roberts’ one penalty notice for speeding and two for mobile phone use that took place between February 2008 and January 2009, but said he “did not regard them as pivotal” when it came to considering his repute as an operator.
Maddrell gave Roberts some credit for employing a competent professional transport consultant, Grahame Robinson, to carry out an audit of his maintenance procedures.
However, revoking the licence for four vehicles and ive trailers, held since August 2005, he added: “Roberts has, albeit only on receipt of the calling-in letter, taken steps to rectify matters.
“He did not have to pay, as other operators have to if they do not themselves hold a CPC, for the services of a transport manager for over three years.
“He has gained an unfair commercial advantage over others who like him do not have their own CPC but, unlike him, pay for the services of a CPC holder.” The DTC also criticised Roberts for specifying a vehicle on his old licence when another person, Dirk De Monye, was the actual operator of it.
Roberts received no payment as part of the arrangement.
Unfair advantage
In this case, the operator gained an unfair commercial advantage by not paying for a fully qualified CPC holder for more than three years. TCs will take a dim view of this type of behaviour.