Decision for Mansel Davies & Son Group Ltd (OG2036828)
Published 15 December 2020
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DECISION OF THE TRAFFIC COMMISSIONER
Application for a Standard International Licence
1. Decision
The application for a standard international goods vehicles operator’s licence for 150 vehicles and 130 trailers, made by Mansel Davies & Son Group Ltd, is granted with effect from 0001 hours on 15 January 2021.
The applicant has given the following undertakings:
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by 31 January 2021 the company will change its name to MDS Distribution Ltd and ensure that this change is effected at Companies House. By the same date, the new company name will appear at the letterhead on all correspondence.
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MDS Distribution Ltd will keep this name until at least 31 December 2031.
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MDS Distribution Ltd will not trade under any other name.
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by 31 December 2023 the company’s fleet of vehicles and trailers will all display the MDS Distribution Ltd name and livery. The livery will contain no reference to “Mansel Davies”. The re-livery of vehicles and trailers will proceed at a uniform pace, with at least one sixth of the fleet (for each of vehicles and trailers) completing the re-livery process by 30 June and 31 December each year. Starting in July 2021, the company will provide to the traffic commissioner an update on progress each July and January.
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Stuart Brooks will be nominated as a third transport manager, alongside Sasha Davies and Jamie Evans, by 31 December 2020. Thereafter there will at all times be at least three transport managers on the licence.
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an independent audit of the operator’s compliance with maintenance and drivers’ hours requirements will be carried out by the RHA, Logistics UK or other suitable independent body by 31 December 2021 [for the avoidance of doubt, Gordon Humphreys of Foster Tachographs would be an acceptable auditor]. The audit should cover at least the applicable elements in the attached annex and should pay particular attention to the veracity, frequency and quality of the preventative maintenance inspections. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the traffic commissioner’s office in Wales within 14 days of the date the operator receives it from the auditor.
In granting this application I re-emphasise paragraph 47 of my decision revoking the licence held by Mansel Davies & Son Ltd and disqualifying its previous directors and transport managers. There must be no perception (still less the reality) that either David Mansel Kaye Davies or Stephen Mansel Edward Davies have a managing role in the business or any involvement with vehicle maintenance or compliance more generally. Their time in charge of the business has gone and they have departed disgraced. If there is any attempt to claw control or influence back behind the scenes, the new company’s good repute will be forfeit and its licence revoked.
The company’s employees must also be in no doubt that the directing minds of MDS Distribution Ltd are Sasha Davies, Scott Davies and Jamie Evans. These are the directors whom I trust to operate compliantly in the future.
Nicholas Denton
Traffic Commissioner
15 December 2020