Decision

Decision for Clayton Francis Jones T/A Street Buses

Published 24 December 2021

1. DECISION OF THE TRAFFIC COMMISSIONER FOR WALES

2. Public Inquiry held on 7th December 2021 at Pontypridd

2.1 In the matter of Clayton Francis Jones T/A Street Buses PG2046227

Public Service Vehicles Act 1981 (“The Act”)

3. Decisions made in respect of an application for a standard national operator’s licence for Clayton Francis Jones T/A Street Buses PG2046227

1. The application for a standard national licence to authorise the use of 8 vehicles is granted under s14 of the Act.

2. The applicant agrees to the following undertaking being attached to the licence: the operator will arrange an independent audit to be carried out by the RHA, Logistics UK, or other suitable independent body, by 13 September 2022. The audit will assess the systems for complying with maintenance and drivers’ hours requirements, and the effectiveness with which those systems are implemented. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner for Wales’ Caernarfon office within 14 days of the date when the operator receives it from the auditor.

3.1 In attendance at the public inquiry

• Clayton Jones, applicant and proposed transport manager

• Roger Waters, Director of Frontline Services, Rhondda Cynon Taf County Borough Council, statutory objector

4. Background

This decision relates to the application received by the Central Licensing Office on 14 July 2021 for a standard national public service vehicle operator’s licence authorising 8 vehicles in the name of Clayton Francis Jones T/A Street Buses. Clayton Jones was called to attend a Public Inquiry in Pontypridd on 7 December 2021 by a call up letter dated 2 November 2021. That letter set out the areas of concern including Clayton Jones’ past operator licence compliance and application history. The call up letter also referred to a statutory objection to the application received by way of letter dated 11 August 2021 from Roger Waters, Director of Frontline Services, Rhondda Cynon Taf County Borough Council (“RCT”). A copy of that letter had been copied to the applicant at the same time in accordance with the legislation governing statutory objections. The call up letter advised the applicant that I had considered the letter of objection and determined that all the matters raised concerning his previous operations appeared to pre-date the Decision of the Upper Tribunal T/2011/28, that I intended to proceed on the basis of the Upper Tribunal findings and would not revisit or admit any evidence in that regard at the inquiry. The call up letter also indicated that Clayton Jones would be expected to demonstrate how he meets the requirements to hold an operator’s licence.

Following correspondence from the applicant to OTC staff and others, I issued Case Management Directions on 24 November 2021 as to the scope and ambit of the Public Inquiry with a view to ensuring that the hearing was dealt with expeditiously and efficiently.

In advance of the hearing, I received written representations from Clayton Jones and supporting documentation which I referenced at the commencement of the hearing. I heard oral evidence from Clayton Jones.

Roger Waters attended the hearing on behalf of the statutory objector (RCT) to observe proceedings. He was not called to give evidence but I invited him to confirm the position regarding a Private Hire Vehicle Licence application that Clayton Jones had made to RCT. Mr Waters confirmed that the Authority had granted that application in September 2021.

5. Reasons

On the basis of the evidence presented to me, I consider that the applicant is in a position to run his operation compliantly. Mr Jones has taken steps to update his knowledge, including attendance at a transport manager refresher training course and at several driver CPC training modules. He acknowledged that he learned a lot during that process and that things had moved on since he last operated.

It will, of course, be for Mr Jones to demonstrate that he can work with the regulator upon grant of this licence. Due to his past compliance and application history and length of time out of the industry, in correspondence following the hearing, I requested his agreement to an undertaking to have an independent systems compliance audit in 9 months’ time. Mr Jones agreed to that undertaking in the terms set out at page 1 of this Decision.

Accordingly, I find that the requirements of sections 14ZA and 14ZC of the Act are satisfied and grant this application with the audit undertaking agreed to by Mr Jones and as specified on page 1 of this Decision.

Victoria Davies

Traffic Commissioner for Wales

13 December 2021