Decision

Decision for Langdon Transport

Published 23 November 2021

0.1 WESTERN TRAFFIC AREA

0.2 Decision of the Traffic Commissioner

0.3 Public Inquiry in Bristol

11 November 2021

1. LANGDON TRANSPORT LTD OH2049151

This is an application for a standard national licence authorising the use of thirty-two vehicles and thirty trailers. Following a public inquiry on 29 June this year, I made the following decisions:

Pursuant to adverse findings under Section 27(1), loss of good repute and loss of professional competence, the licence is revoked. The licence is further revoked pursuant to my findings under Section 26(1)(e), persistently operating over authority, and Section 26(1)(f), persistently failing to keep vehicles and trailers fit and serviceable. Noting the size of the operation and to give an opportunity to preserve employment, revocation will take effect from 20 October 2021.

Mr Steven Roy Langdon is disqualified from holding or obtaining an operator’s licence in any traffic area until 20 October 2026.

Mr Ian Hurt has lost his good repute as transport manager and is disqualified from acting as such for three years

I was naturally concerned that the new application represents a genuine change in control and culture so I called it to public inquiry.

2. THE PUBLIC INQUIRY

I heard evidence from the applicant directors Graham Witts-Davies, Derren Estall and Stephen Jennings. Mr Witts-Davies and Mr Estall are also the nominated transport managers. I also heard from Guy Small in relation to finance.

I do not record the full evidence here. A transcript can be made available if required although commercial discussions would be redacted.

I was told and am satisfied that Steven Langdon and Carl Langdon had both left the business as had former transport manager Ian Hurt. I was told of the current commercial position of the business and I accept what I was told. I heard from the applicant directors of their respective backgrounds. Clearly there has been previous association with Steven Langdon but I find that to be a neutral feature.

I saw evidence that maintenance was now outsourced. Whilst rectification may be undertaken in-house, the declaration of roadworthiness is signed thereafter by the maintenance provider. I heard description of sound systems for managing drivers hours and tachographs. I was offered and recorded undertakings.

3. FINDINGS OF FACT

On a granting of this application, a full transition of ownership and control will conclude.

The applicant directors and transport managers have the necessary good repute, knowledge and ability to lead a compliant operation. I was impressed by their determination to do so.

Having recorded undertakings and allowed a short period for submission of further financial evidence, I am satisfied that all the mandatory criteria are met.

There is clear external interest in my decision but that does not colour it.

4. UNDERTAKINGS OFFERED AND RECORDED

The applicant offered the following undertakings. I rely upon them in making my decision:

1. Steven Langdon will not play any part in the management of the business and will not attend the operating centres other than to collect personal effects.

2. Financial evidence in the name of Langdon Transport Ltd covering the months o March, April and May 2022 will be sent to OTC Bristol by 30 June 2022 and will show that the financial standing amount required for the licence at that point has been met as an average over those three months.

5. DECISIONS

Having been offered and recorded undertakings and so having found that all mandatory criteria are satisfied, the application is granted as applied for.

Undertakings are attached as at paragraph 11 above.

Revocation of licence OH1033904 will have effect from 23:59 hours on 30 November 2021.

Kevin Rooney

Traffic Commissioner for the West of England

16 November 2021