Decision

Decision for Majestic Travel Ltd (PD2027029), previous Transport Manager Mr Brendan Collis and Vital Transport Solutions (VTS) Ltd (OD2055430)

Published 2 March 2023

0.1 In the West Midlands Traffic Area

1. Written Decision of the Acting Traffic Commissioner

1.1 Majestic Travel Ltd (PD2027029), previous Transport Manager Mr Brendan Collis and Vital Transport Solutions (VTS) Ltd (OD2055430)

2. The public inquiry on 22 November 2022

The public inquiry was called due to an unsatisfactory MIVR and TEVR from vehicle examiner Seadon and traffic examiner Jones being received at the Office of the Traffic Commissioner.

Present at the inquiry for the operator was Mr Lavender, director, Mr Collis the former transport manager and Mr Blessington, general manager, with the current transport manager Mr Earp (I add he was not formally called to the hearing).

Present via video link for the DVSA were vehicle examiner Jones and traffic examiner Cox.

I heard from everyone present and after asking Mr Lavender about the effects of action against the licence and Mr Collis about why I should allow him to retain his good repute as a transport manager I reserved my decision as we had run out of time.

3. Findings of fact

In making my findings of fact I considered all of the evidence in the public inquiry bundles, the evidence provided by the operator and the oral evidence I heard. I have also considered, received after the hearing, a separate file of documents from the operator that contain three audits undertaken by Mr Kirkham.

All findings are made on the balance of probabilities where an issue was in dispute.

The evidence from the two DVSA officers contained in the MIVR, TEVR and Public Inquiry statement is credible, cogent and highly persuasive. I have accepted it as such.

All of the allegations made by the DVSA stood up to scrutiny with the exception of the fourth paragraph on page 14 of the MIVR that was conceded by DVSA. That was the only material part of the DVSA evidence challenged by Mr Lavender and Mr Collis. Save for that allegation all of the other allegations made by the DVSA are found to be proven on the balance of probabilities.

All of the proven DVSA allegations are repeated as my findings in this case.

Mr Lavender and Mr Collis accepted they had not done what they should have done to ensure compliance for a long time.

The reality was that there was no effective management control by Mr Lavender for years because (a) he put all of his trust into other people that he took totally at face value without any checks or scrutiny and (b) he was too busy building up the business for Vital Transport Solutions Ltd to have any time to properly manage the transport operation within Majestic Travel Ltd.

Mr Collis, as transport manager, was not in any way effective at managing the transport side of Majestic Travel. Were he effective then the serious and long standing negative findings made by the DVSA would not have been found to be present.

I am satisfied that neither Mr Lavender nor Mr Collis set out to deliberately get round the rules and regulations. There was no such intent. But the failure of Mr Lavender to properly monitor and supervise Mr Collis created a perfect storm of non-compliance.

So what has changed? First, Mr Collis was replaced as transport manager by Mr Earp. I have to say he came across as highly competent at the Public Inquiry and whilst he had made many changes he accepted, readily, that compliance was still a work in progress but it would be achieved in the next 3 or 4 months.

In addition new staff had been brought in to undertake much of the administration and financial work within the business to free up the time Mr Lavender was spending on those areas of work previously.

A Mr Kirkham was brought in as a transport consultant and he undertook, months before the date of the call up letter, several audits which are now before me.

Mr Lavender assured me that he would now dedicate sufficient time to the transport operation within Majestic Travel Ltd. He assured me that with the help of the new back office staff members and from the assistance given by Mr Earp and Mr Kirkham the transport operation would be fully compliant in the near future and he would properly monitor, supervise and check everyone to whom he had delegated responsibility. I have accepted what Mr Lavender has told me on trust.

Mr Lavender had also undertaken training courses so that his working knowledge of how to operate a compliant transport operation was brought up to date.

I have therefore stepped back from revoking this licence because Mr Lavender was pro-active after the DVSA investigations, he has been audited three times, has brought in a highly competent new transport manager and he has retained the services of Mr Kirkham on an ongoing basis. There is, therefore, real hope that this operator will become compliant in the near future and will remain compliant.

Quite clearly the general undertakings on this operator’s licence were breached for a very long time and in a serious way with regards maintenance and proper record keeping, drivers hours compliance, and vehicles being kept fit and serviceable to the extent that a retrospective “S” marked prohibition was issued at the fleet inspection when the MIVR was carried out that demonstrated that vehicles were not always kept in a fit and roadworthy condition.

Quite clearly there are many material changes since the operator’s licence was granted. Those are self evident from the proven findings of the DVSA in the two reports that are before me.

The negatives in this case carried a significant amount of evidential weight in my balancing exercise. Against those negatives I have given the operator and former transport manager as much credit as I can give for all of the changes made on their respective watches which made up the positives in this case. The credit given for all of the positive features extended right up to the date of the public inquiry. However, the negatives still significantly outweigh the positives even after giving as much credit as I can for them all.

The good repute of Mr Collis, as the transport manager, was lost a long time ago as all of the DVSA negative findings happened on his watch. He was simply not effective in ensuring compliance and that failure led to the two extremely serious adverse DVSA reports that were place before me.

As I have already said, I do not think Mr Collis deliberately breached the rules and regulations, he did not come across that way at all when I interacted with him. His failure was to not recognise how bad things were and why he was not fulfilling his role as a transport manager to ensure compliance.

The good repute of the operator is not forfeited but it is a very very close call. The good repute of Majestic Travel Ltd is now hanging by the thinnest of threads.

4. Decisions

Applying my mind to Annex 4 of Statutory Document 10 issued by the Senior Traffic Commissioner I have determined that this case falls into the “Severe to Serious” entry point for regulatory action.

The proportionate regulatory action for the operator is that the standard public service vehicle operator’s licence, PD2027029, authorising 8 vehicles held by Majestic Travel Ltd (the “operator”) is suspended from 2345 hours on 16 December 2022 until 0015 hours on 02 January 2023 under sections 17(2)(b), 17(3)(aa) and 17(3)(e) of the 1981 Act.

The suspension is subject to the operator complying with the period of grace that was granted to it until 12 noon on 22 December 2022. If that period of grace is not fulfilled then the operator’s licence will be revoked under section 17(1)(a) and 14ZA(2)(c).

Former transport manager Mr Brendan Collis has lost his good repute as a transport manager. The proportionate regulatory action is therefore to disqualify him as a transport manager for 6 months from 22 December 2022 until 21 June 2023 under paragraph 7B(2) of schedule 3 of the 1981 Act. That is lenient but I have taken that lenient option after giving him as much credit as I can give to him. The rehabilitation measure he is required to undertake before his good repute can be restored is that he must successfully complete a transport manager CPC refresher training course provided by an independent, accredited and competent provider.

The application for a light goods vehicle , reference OD2055430, made by Vital Transport Solutions Ltd is granted as applied for.

DVSA are asked to undertake a follow up MIVR and TEVR for Majestic Travel Ltd in the second half of 2023.

Acting Traffic Commissioner Mr M Dorrington

(Signed electronically)

09 December 2022