Decision

Decision for Hobans 1923 Ltd (PC2011998) & Tr Mgr, Alison Burgess

Published 27 June 2023

0.1 In the North Western Traffic Area

1. Confirmation of Oral Decision of the Traffic Commissioner

1.1 Hobans 1923 Ltd (PC2011998) and Transport Manager, Alison Burgess

2. Introduction

Hobans 1923 Limited (“the operator”) holds a Standard International Public Service Vehicle operator’s licence PC2011998 authorising the use of 15 vehicles issued in 2018.

The operator’s directors are Richard Hoban and Gadvoranun Hoban. The Transport Manager since June 2021 has been Alison Burgess who is employed by the Operator on a full-time basis.

The Public Inquiry had its origin in a wheel loss incident on 4 January 2023 reported by the Operator. This lead to an unannounced DVSA maintenance investigation visit on 11 January 2023 when the vehicle concerned was issued with an “S” mark prohibition. The Vehicle Examiner’s unsatisfactory findings the report were largely attributable to this matter although some other issues such a stretched inspection interval and completion of PMI sheets were highlighted.

The Vehicle Examiner found the wheel involved had not been correctly secured on it spigot and that was worn. It should be noted that the vehicle passed its annual test on 23 December 2022 and the wheel loss occurred on its first day back in service after the Christmas interval.

The maintenance provider claimed that the wheel loss was caused by a failure to undertake the recommended third re-torque of the wheel. The Operator highlighted that the re-torque was not due at the point of failure and attributed the incident to the provider’s failure to spot the wear to the spigot.

The Operator and TM Burgess were called to Public Inquiry to examine the cause of the wheel loss and to consider if their systems were adequate to prevent a recurrence.

The Operator and Mr Hoban, as the Transport Manager at the time, were previously called to a Public Inquiry before me on 29 June 2021 following a DVSA investigation in May 2019 that found serious infringements of drivers’ hours regulations and raised questions about the effective and continuous management of the licence by Mr Hoban as Transport Manager.

I found that the grounds for regulatory action were met. I also found that Mr Hoban’s repute as Transport Manager was tarnished but not lost due to the steps, he had taken to recognise his shortcomings and appoint a more effective Transport Manager for the licence.

I directed that a condition should be attached to the licence limiting the number of vehicles authorised on the licence to 2 vehicles for a period of 28 days from 16 July 2021 until 13 August 2021. I also took account of an undertaking offered by the Operator to remove Mr Hoban as Transport Manager and for him not to seek reappointment thereafter. Ms Burgess’ proposed appointment was discussed at the hearing and subsequently approved.

The Operator also agreed to arrange an audit in January 2022. This was satisfactory and no further action was taken. The audit in January 2022 was considered satisfactory.

3. The Call to Public Inquiry

The Operator was called up to Public Inquiry by letter dated 3 May 2023. This gave notice that the issues of concern to be considered related to Sections 17(3)(a), 17(3)(aa), 17(3)(b), 17(3)(c), 17(3)(e) and 14ZA(2) of the Public Passenger Vehicles Act 1981 (“The 1981 Act”).

Transport Manager Burgess was called up by letter of the same date that cited Schedule 3 of the 1981 Act.

4. The Public Inquiry

The Public Inquiry was heard at Golborne today on Monday 12 June 2023.

The operator was represented in person by its director, Richard Hoban and Transport Manager Burgess.

The operator, its directors and TM Burgess were legally represented by Mr James Backhouse of Backhouse Jones solicitors.

5. Reasons

In advance of the Inquiry, I was provided with a comprehensive bundle of vehicle maintenance records and documents relating to management of drivers’ hours. These appeared to be satisfactory, and I did not identify any matters requiring further scrutiny arising from those documents.

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The circumstances of the wheel loss incident were discussed. It is notable that the vehicle had not been used to any extent between the annual test and the incident due to the Christmas interval. The Vehicle Examiner was satisfied that the Operator had robust systems in place for wheel security and his findings tended to support the Operator and TM Burgess’ account of how the incident occurred.

I am satisfied the Operator has sufficiently strong measures in place for wheel security and that a recurrence is less likely. Action has also been taken to raise awareness with the maintenance provider of the standards expected including arranging for a fitter to attend formal training alongside TM Burgess.

I note the Operator is proposing to develop its in-house capacity to undertake maintenance in future and applaud that initiative.

Any wheel loss incident must be regarded as serious because of the risk of catastrophic consequences they present. However, having examined the facts of this particular case I am struggling to identify a basis for criticising the approach of the Operator and the TM. Further I am satisfied they have also taken steps to reduce the risk of recurrence and to strengthen their approach to compliance more widely.

I do not consider that formal regulatory action is required here to ensure this operator’s future compliance. I am satisfied that the call to Public Inquiry has prompted the directors and TM to reflect on their approach and will serve as a sufficient reminder of the standards expected. I have also noted that the Operator has also commissioned its own audit for June 2023 and I am reassured by the willingness to undertake to share a copy of that report with me in due course.

For these reasons, I direct that no further action is taken in relation to the wheel loss incident or MIVR.

Gerallt Evans

Traffic Commissioner for the North West of England

12 June 2023