Decision for Barbara Ann Davies, trading as JLD Travel (PG1048202) and Transport Manager, Robert Owen
The written decision for the Deputy Traffic Commissioner for Wales for Barbara Ann Davies, trading as JLD Travel (PG1048202) and Transport Manager, Robert Owen
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The Deputy Traffic Commissioner for Wales decided:
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the operator was clearly lacking in knowledge about licence requirements, and I do not find her a fit person to hold a licence.
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With regard to the Bryan Haulage (no.2) (T/2002/217) question, “is the conduct such that the operator ought to be put out of business?” the answer is firmly “yes”.The licence stands to be revoked under Section 17(1) and (2) of the Act.
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Whilst that would normally result in immediate revocation of the licence, I have regard to the potential impact on pre-existing school contracts and to the involvement of Mr Davies in improving compliance systems since the investigation.
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In those circumstances I am prepared to delay revocation of this licence until 30th January 2022. This should give sufficient time for a new licence to be granted in the correct sole trader name but that depends on Mr Davies meeting all licence requirements and a further delay in revocation is unlikely.
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In terms of those licence requirements, in the particular circumstances of this case, I specify:
- The operating centre must be one where there is written confirmation that spaces are continuously available for all authorised vehicles, and vehicles must normally be kept there overnight;
- The transport manager is qualified by examination, has recent, relevant experience and has attended appropriate training in the last 5 years;
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Robert Owen has lost his repute as a transport manager and is disqualified indefinitely under Schedule 3 para. 7 of the Act from acting as a transport manager