Decision

Decision for Glyn Richard James T/A James Express Transport

Published 30 June 2021

1. DECISION OF THE TRAFFIC COMMISSIONER FOR WALES

1.1 Public Inquiry held on 20th April 2021 at Pontypridd

1.2 In the matter of Glyn Richard James T/A James Express Transport OG2038776

2. Decisions made in respect of an application for a standard international operator’s licence for Glyn Richard James T/A James Express Transport O2038776

1. The application for a standard international licence is granted under s13 of the 1995 Act but giving authorisation for 2 vehicles and 3 trailers, not the 3 vehicles originally sought.

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 31 October 2021. 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 by 15 November 2021.

2.1 In attendance at the public inquiry

• Glyn James, applicant

• Martin Soper, proposed transport manager

• Elizabeth Caple, solicitor, representing Glyn James

3. Background

This decision relates to the application received by the Central Licensing Office on 13 November 2020 for a standard national goods vehicle operator’s licence authorising 3 vehicles and 3 trailers in the name of Glyn Richard James T/A James Express Transport. Glyn James was called to attend a Public Inquiry in Pontypridd on 20 April 2021 by a call up letter dated 9 March 2021. That letter set out the areas of concern including Glyn James’ past compliance history, specifically the licence he previously held (OH2011997) which was revoked on 14th August 2020 following a Public Inquiry before Traffic Commissioner Rooney on 7th July 2020. The call up letter also indicated that Glyn James would be expected to demonstrate how he meets the requirements to hold an operator’s licence.

In advance of the hearing, I had received written representations from Glyn James’ legal representative, Elizabeth Caple, and a Bundle of supporting documentation. I heard oral evidence from Glyn James and the proposed transport manager, Martin Soper, and I heard submissions from Miss Caple.

4. Reasons

Having previously lost repute as an operator, the focus of the Mr James’ evidence at Inquiry was on the steps that he had taken since then to address those previous failings and rebuild trust. Undoubtedly, Mr James has invested time and money doing just that, including sitting the TM CPC examination, engaging a transport consultant, and investing in tacho downloading equipment. I found him to be frank and open in his evidence, and I was provided with odometer readings and SORN documents to demonstrate that his 2 HGVs have not operated since August 2020. He and Mr Soper, proposed transport manager, also provided evidence of systems they intend to use in the form of PMI and DDR sheets and ongoing transport consultant assistance and driver training.

On the basis of the evidence presented to me, I am persuaded by Miss Caple that, whilst accepting that Mr James has to bring himself up from a very low point in terms of his repute, the balance has been tipped. I find that the requirements of sections 13A and 13C of the 1995 Act are satisfied and, subject to paragraph 5 below, grant this application with the audit undertaking offered by Mr James during the Inquiry and specified on page 1 of this Decision.

At the date of the Public Inquiry, the financial standing requirement for 3 vehicles was not met. In addressing me on the question of finances, Miss Caple indicated that, although the application had been made for 3 vehicles and 3 trailers, the grant of a licence for 2 vehicles would be acceptable to Mr James and he could run his operation with 2. If, in the future, Mr James wishes to increase his authorisation to 3 vehicles, it will be open to him to make a variation application at that stage.

Victoria Davies

Traffic Commissioner for Wales

28 April 2021