Decision for Dale McCarthy T/A The Minibus Transfers Company
Published 27 June 2024
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0.1 IN THE WELSH TRAFFIC AREA
1. DECISION OF THE TRAFFIC COMMISSIONER FOR WALES
2. Public Inquiry held on 19th June 2024 at Caernarfon
2.1 Public Passenger Vehicles Act 1981 (“The Act”)
3. In the matter of Dale McCarthy T/A The Minibus Transfers Company PG2072117
4. Background
This decision relates to the application for a standard international public service vehicle operator’s licence made by Dale McCarthy Limited, trading as The Minibus Transfers Company. The applicant was called to attend a Public Inquiry at Caernarfon, at 9.30am on 19 June 2024, by a call-in letter dated 9 May 2024. That letter set out the areas of concern including the applicant’s past compliance history.
Mr McCarthy, the applicant, failed to attend the hearing. The call-in letter was sent by recorded delivery to the correspondence address specified in the application and was also sent by email on that date to the email address specified in the application. The call-in letter was not returned to my office marked “undelivered” and nor did my office receive an email “bounceback”. Indeed, I note from the documents included in the Public Inquiry Brief that Mr McCarthy responded to correspondence emailed to him at that address and he sent correspondence to my office using that same address as recently as 4 April 2024. I am satisfied that the call-in letter has been properly served by post and by email and that it is appropriate to consider the case in the absence of the applicant.
The applicant failed to provide any evidence in advance of the hearing to demonstrate evidence of financial resources or how he intends to operate compliantly, despite the call-in letter Directions clearly stating that such evidence should be submitted at least 14 days in advance of the Inquiry. I have no evidence in respect of the applicant’s proposed vehicle maintenance system, no sample safety inspection records, no information about proposed daily defect reporting system or a maintenance contract. Nor have I received any evidence as to how the applicant intends to comply with the laws regarding drivers’ hours.
5. Determination and reasons
The burden of proof is on the applicant to satisfy me that the statutory requirements of the Act are met.
Having regard to the information set out in the Public Inquiry Brief and call up letter, and the lack of any evidence presented on behalf of the applicant, I am not satisfied that the requirements of sections 14ZA and 14ZC of the Act are met.
On the basis of the applicant’s failure to satisfy me as to the statutory requirements, the application for a standard international licence authorising the use of two vehicles is refused.
Victoria Davies
Traffic Commissioner for Wales
19 June 2024