Decision

Decision for P Young Transport Limited and One Call Grab Tipper Limited

Published 14 May 2021

0.1 SOUTH EASTERN AND METROPOLITAN TRAFFIC AREA

1. DECISION OF THE DEPUTY TRAFFIC COMMISSIONER

1.1 PUBLIC INQUIRY HEARD AT IVY HOUSE, IVY TERRACE, EASTBOURNE ON 23 APRIL 2021

1.2 OK1034513 P YOUNG TRANSPORT LIMITED

1.3 OK1148561 ONE CALL GRAB & TIPPER LIMITED

2. Background

The operator P Young Transport Limited is the holder of a standard national licence authorising nine vehicles granted on the 6 July 2004. The sole director and transport manager of the company is Anthony Amer.

The operator One Call Grab & Tipper Limited is the holder of a restricted licence authorising six vehicles granted on the 3 March 2017. Christopher John Lidyard has been a director of the company since 14 September 2016 and Marc Alexander Lamble was a director between the 1 July 2020 and the 8 April 2021.

The operating centre for P Young Transport Limited is 4 Littleton Lane Trading Estate, Shepperton and the operating centre for One Call Grab & Tipper Limited is Unit 33, Littleton Lane Trading Estate, Shepperton. Both operators have applied to vary the operating centres to Unit 764, Browells Lane, Feltham, TW13 7 EQ.

The full details of the cases are set out in the statements included in the bundle of papers prepared for the public inquiry. In summary there were three separate roadside encounters of vehicles authorised to P Young transport Limited on the 18 November 2017, 15 May 2018, and 13 July 2018. These encounters revealed several instances of serious drivers’ hours infringements including one driver using a card belonging to another driver. A visit by the Traffic Examiner to the operating centre found the premises to be locked up with no vehicles on site. The site owner/landlord told the Traffic Examiner that the operator who used the site was “Tom McKinney” and no mention was made of the director/transport manager Anthony Amer. Thomas McKinney was disqualified indefinitely from holding or obtaining an operator’s licence on the 2 March 2006 and that disqualification remains in place. An application to cancel the disqualification was refused on the 3 June 2013 and a licence in force for Southwaterstreet Limited (OK1073451) was revoked. These decisions were upheld on appeal by the Upper Tribunal - reference (T/2013/40).

A request for documentation was sent to Mr Amer and what was returned revealed occasions when vehicles had been driven without cards being used, numerous other infringements and the use of two digital cards in the name of one driver Paul David Johnson. The use of the two cards included occasions for P Young Transport Limited and others for One Call Grab & Tipper Limited.

A maintenance investigation in relation to P Young Transport Limited was undertaken in 2019 with an unsatisfactory outcome for the reasons set out in the report prepared by the Vehicle Examiner.

Mr Amer attended an interview with the Traffic Examiner where he denied knowledge of the use of two cards and that he was “a front” for Mr McKinney. A vehicle YK65OHB was encountered by the DVSA on the 30 July 2020 and found to have no excise licence in force. The vehicle had a series of maintenance related faults. The registered keeper for this vehicle was Southwaterstreet Limited which is an active company with one director Thomas McKinney. The registered business address for the company is 764, Browells Lane, Feltham, TW13 7EQ which is the same address as that proposed as the new operating centre for P Young Limited and One Call Grab & Tipper Limited.

When one of the drivers Kevin McMenamin was stopped on the 28 June 2019 it was noted that he had receiving phone calls prior to interview from a person named in his phone directory as “Fat Tom”. It was believed that this referred to Thomas McKinney.

Additional data sent by P.Young Limited for July and August 2020 showed that YK65OHB had been used on three days when a prohibition from use had been in force. The data also showed that two of the authorised vehicles had been driven by Christopher Lidyard who is the director of One Call Grab and Tipper Limited.

Vehicle HX10 AEG which is authorised to One Call Grab & Tipper Limited was encountered on the 8 October 2019 and issued with an “s marked” prohibition for emission control equipment being modified. A subsequent maintenance enquiry was marked as unsatisfactory for the reasons set out in the statement prepared by the Vehicle Examiner.

On the 15 February 2019 a second “One Call” vehicle was encountered, and analysis showed numerous infringements of drivers’ hours requirements. Difficulties were subsequently found in contacting Mr Lidyard and a written request for data sent on the 2 April 2019 was not responded to.

A decision was made to call both operators to public inquiry together with driver Paul David Johnson whose name was on two cards used in vehicles authorised to the operators.

Call up letters and additional papers were sent to the registered correspondence addresses for both operators by recorded delivery and to Anthony Amer as transport manager on the 15 March 2021.The tracking system for these postings shows that the bundles sent to the correspondence addresses were not delivered albeit that they were not returned. The bundle sent to Mr Amer was delivered and signed for on the 16 March 2021.

Additional notices were sent to both operators by e mail on the 15 March 2021 and resent on the 16 April 2021. An additional paper copy was also sent to the proposed new operating centre which was marked “refused addressee gone away”. A phone number was on file for Mr Lidyard which was answered when called by a member of staff in the Office for the Traffic Commissioner on the 16 April 2021. A request was made to call back by the person who answered the phone. Two attempts were made to call back and both calls went unanswered.

On the 14 April 2021 Traffic Examiner Elkington sent an e mail to the Office of the Traffic Commissioner to say that he had visited the authorised operating centres for both operators and found that they were empty and locked. He went to the proposed new operating centre and saw one vehicle authorised to One Call Grab & Tipper Limited on site and two authorised to P Young Transport Limited.

3. The Public Inquiry

Neither of the operators attended the public inquiry but driver Paul David Johnson attended a conjoined driver conduct hearing. I decided that I should proceed with the hearings on both operators despite their non- attendance. I was satisfied that Mr Amer was aware of the inquiry on the basis that the set of papers sent to him as transport manager had been delivered by recorded delivery and the additional notification by e mail had been sent and not returned. In relation to One Call Grab & Tipper Hire Limited the recorded delivery had not been delivered as it was “not called for” but an e mail had been sent and an additional phone call made and answered. The fact that the recorded delivery notification was not responded to and the telephone call not returned lead me to conclude that the operator was aware of the inquiry but not willing to co-operate or participate.

Mr Johnson who was represented had submitted a statement in advance of the inquiry and gave further evidence. He said that he had driven “off and on” for P Young Transport Limited since 2018 and that they and One Call were all one company including another operator Maycrest Limited (licence now surrendered). He said that Tom McKinney was the boss and it had been him who had contacted Mr Johnson about driving work. In his evidence he said that Mr Amer was the transport manager, but it had been Mr McKinney who had given him a waring in relation to his driver’s hours infringements.

As neither operator had attended the inquiry, I accepted the evidence of the DVLA officers and heard no additional evidence in this regard.

4. Findings and Decision

This is a very serious case. There have been breaches of Sections 26 (1) (c) (ca) (e) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act, 1995 in relation to P Young Transport Limited and Sections (26 (1) (a) (b) (f) and (h) in relation to Once Call Grab & Tipper Limited. Vehicles have been used with defects that impact on road safety and there has been scant regard for the rules relating to drivers’ hours. I also find that in both instances the directors were in fact a front for Thomas McKinney a person who is disqualified from holding an operator’s licence. I make this finding based on what was said by the site owner/landlord of the existing operating centre, the evidence concerning phone calls to one driver prior to interview and what Mr Johnson said at the conduct hearing. It is relevant that both operators have applied to move to the address which is recorded as the business address of Mr McKinney’s company Southwaterstreet Limited. Additionally, one of the vehicles authorised to P Young Transport Limited shows the registered keeper as Southwaterstreet Limited.

I find no positives to add into the balance and the attempts by the operators to avoid co-operation with the DVSA and face up to the public inquiry only add to the negatives.

In accordance with the guidance given by the Senior Traffic Commissioner in Statutory Document 10 I need to consider the level of seriousness and I have concluded that this case is in the severe category. In considering whether the licence should be revoked I have to ask myself the question set out in the case of Priority Freight Limited & Paul Williams, how likely is it that this operator will operate in compliance with the operator’s licensing regime if allowed to continue? In other words, can the operator be trusted going forward? In this case the answer to that question is an emphatic no and there is no doubt in my mind that both operators should be put out of business with immediate effect.

My order is therefore to revoke both these licences based on the breaches and circumstances set out above. I also find that the additional sanction of disqualification is necessary and proportionate and order that Anthony Amer shall be disqualified from holding or obtaining an operator’s licence for a period of five years. I make a direction under Section 28(4) of the Goods Vehicles (Licensing of Operators) Act 1995 that if during that time Anthony Amer is a director of, or holds a controlling interest in, a company which holds an operator’s licence or is in partnership with a person who holds a licence that licence shall be subject to revocation, suspension, or curtailment. I also order that his repute as a transport manager is lost and he is disqualified for a period of five years in this regard. If he should decide to reapply after this period, he will need to show a marked change in his behaviour and repute.

I also find that the sanction of disqualification is necessary and proportionate and order that Christopher Lydiard shall be disqualified from holding or obtaining an operator’s licence for a period of five years. I make a direction under Section 28(4) of the Goods Vehicles (Licensing of Operators) Act 1995 that if, during that time Christopher Lydiard is a director of, or holds a controlling interest in, a company which holds an operator’s licence or is in partnership with a person who holds a licence that licence shall be subject to revocation, suspension, or curtailment.

I have considered the position of Marc Alexander Lambie and believe that it is more likely than not that he knew during the time that he was a director of the role played by Mr McKinney and that he was also part of the “front” in place. It is significant that he resigned as a director on the 8 April which was just a few weeks before the public inquiry. I note that he is currently a director of a company which holds a restricted licence BAS Recycling Limited (OF2021788). As his name was not included in the list of directors on the public inquiry brief for this case and in the exercise of caution, I make no order against him in this decision but give him notice that I am considering disqualifying him from holding an operator’s licence or being a director of a company or being a partner in an entity that does so. I will allow 21 days for this intention to be communicated to him and he may request a hearing if he wishes to oppose my proposal. The licence held by BAS Recycling Limited currently has no vehicles authorised and I direct that no vehicles shall be added pending my final determination in this regard.

John Baker

Deputy Traffic Commissioner

26 April 2021.