Decision

Decision for South Dorset Grab Services Ltd and Andrew Young

Published 17 October 2024

0.1 WESTERN TRAFFIC AREA

1. SOUTH DORSET GRAB SERVICES LTD OH2053626

2. ANDREW YOUNG – TRANSPORT MANAGER

3. AT A PUBLIC INQUIRY IN BRISTOL 12 September 2024

4. BACKGROUND

South Dorset Grab Services Ltd is the holder of a standard national operator’s licence authorised for three vehicles from a site in Poole, Dorset. Three vehicles are shown as in possession. The transport manager is Andrew Young. The operator attended a public inquiry in June 2023. I found that safety-critical defects were regularly found during preventative maintenance inspections and the director claimed to be exempt from load security. I curtailed the licence to one vehicle until the other vehicles were properly inspected, brake tested, fitted with “Easy Sheets” and signed-off as roadworthy by a competent technician. I disqualified the incumbent transport manager. I asked DVSA to carry out a follow-up investigation in due course.

The follow-up happened between January and March this year. It showed little if any improvement to processes with a vehicle presented for an inspection “with a crane ladder likely to detach”. The report criticises the operator and the transport manager’s lack of control. As well as maintenance, there were failures with management of drivers hours including drivers not recording other work. I called the operator and current transport manager to public inquiry.

5. THE PUBLIC INQUIRY

No-one attended the inquiry today. On 29 August, my office received an email from a transport consultant asking for an adjournment. This was based on the fact that the statutory director, Thomas Christopher McDonagh, was away in America. The business was being overseen by his father, Thomas McDonagh, who had been unable to access the case bundle. All compliance documents were with the transport manager, Andy Young, and Mr Young had become non-contactable by any means. I responded in the following terms:

“The application for an adjournment itself raises further concerns above and beyond those that have already led to me calling the operator to public inquiry. There is no transport manager in post and the nominated director is absent. I am told that the necessary records are with the nominated transport manager which indicates that the requirement for stable establishment is also not met (see Art. 5(a) of EU Regulation 1071/2009). An adjournment would allow this to continue unchecked. On road safety and compliance grounds, the application for an adjournment is refused. It may be re-made at the start of the hearing but granting may require that the licence be suspended meanwhile.

Evidence of the director’s absence and its duration are required.”

Nothing more has been heard other than confirmation from a proposed solicitor that they are no longer instructed.

Nothing was heard either from Mr Young until an email timed 09:13 this morning. Mr Young tells me of serious illness of a family member and that he cannot attend. The illness described is long-term. As is normal, I requested supporting evidence. I also requested an explanation for not having complied with the standard directions to provide compliance evidence and any written submissions fourteen days in advance of the hearing. Here too, there has been a resounding silence.

It is clear that both parties are aware of proceedings. No evidence whatsoever has been provided. I procced to make findings and decisions.

6. FINDINGS OF FACT

6.1 Transport Manager Andrew Young

It appears that Mr Young has been absent from the business for some time. The DVSA report identifies a clear lack of continuous and effective control. I make that finding relying upon the following:

• Dangerous defects continuing to be found at preventative inspections
• The test history which, whilst along with a failure for brake performance, also records twenty-one advisory or minor fail items from just four tests showing vehicles in rock-bottom condition
• The failure to review safety inspection reports before vehicles re-enter service
• Significant deficiencies in the management of drivers hours, particularly the making of manual entries.

Mr Young has entirely failed to cooperate with the tribunal process. Nothing was heard from him until the morning of the inquiry and then no evidence of the claim made. It may well be genuine, but evidence is needed. The combination of lack of control and lack of cooperation mean that I find Mr Young’s good repute as transport manager to be lost.

6.2 The operator, South Dorset Grab Services Ltd

No finances have been provided. I find that financial standing is not met. Section 27(1) is made out. Revocation is mandatory.

The operator is now without professional competence. There is no application for a period of grace. Section 27(1) is further made out. Revocation is therefore mandatory.

Is this an operator I can trust to comply in the future. It has been to public inquiry a year ago where the fleet was curtailed until urgent action was taken. There seems to be some small improvement since but far from satisfactory. I therefore conclude that it cannot be trusted. Having found that I cannot trust it to comply, then I must consider whether it is so bad that it ought to be put out of business. Had the director attended, or justified his non-attendance, then I may have been persuaded but there appears here no respect for the regulatory regime. Without respect, there cannot be trust and the operator cannot remain regulated. It is appropriate to bring this business to an end. I find that the company and the statutory director, Thomas McDonagh have lost their good repute. Section 27(1) is further made out.

7. DECISIONS

Andrew Young has forfeit his good repute as transport manager and is disqualified from acting as such until 12 September 2025 and until he sits and passes again his transport manager CPC examination.

Pursuant to adverse findings under s.27(1), the licence is revoked. To permit an orderly run-down, but noting that neither the director nor the transport manager are in the business. Revocation will take effect from 23:59 hours, Friday 20 September 2024

Kevin Rooney

Traffic Commissioner

12 September 2024