Decision for SPD Storage Ltd, Davey Travel Ltd and Michael Davey
Written decision of the Deputy Traffic Commissioner for Wales for SPD Storage Ltd, Davey Travel Ltd and Michael Davey
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DECISION AND REASONS
SPD Storage Ltd
The application for a standard national goods vehicle operator’s licence, reference OG2035012, with an authority to operate 5 (five) vehicles and 7 (seven) trailers is granted as applied for with immediate effect.
Davey Travel Ltd – OG1044801
The standard international goods vehicle operator’s licence authorising 4 (four) vehicles and 2 (two) trailers is revoked with effect from 2345 hours on 02 September 2021 under sections 27(1)(a) [no longer of good repute], 27(1)(a) [no longer professionally competent], 26(1)(b) [breach of licence condition] and 26(1)(h) [material changes since the licence was granted] of the Goods Vehicles (Licensing of Operators) Act 1995 (the “Act”).
Davey Travel Ltd is also disqualified from holding or obtaining any type of goods vehicle operator’s licence in any traffic area from 2345 hours on 02 September 2021 until 2345 on 01 September 2022 under sections 28(1) and 28(3) and 28(4) of the Act.
Davey Travel Ltd – PG1053686
The standard international public service vehicle operator’s licence authorising 20 (twenty) vehicles is revoked with effect from 2345 hours on 02 September 2021 under sections 17(1)(a) [no longer of good repute], 17(1)(b) and section 14ZA(3)(a) [transport manager no longer of good repute], 17(3)(e) [material changes since the licence was granted] of the Public Passenger Vehicles Act 1981 (the “Passenger Act”)
I make no order of disqualification in relation to Davey Travel Ltd holding or obtaining a new public service vehicle operator’s licence (but see my detailed explanation regarding this in the relevant section of this written decision.)
Mr Michael Davey
Mr Michael Davey is disqualified from holding any type of operator’s licence (whether that be as a sole trader or as a partner in a partnership of any kind) in any traffic area from 2345 hours on 02 September 2021 until 2345 hours on 01 September 2022. He is further disqualified from 2345 hours on 02 September 2021 until 01 September 2022 from being a director (or a person with a controlling interest) in a limited company that holds or obtains any type of operator’s licence in any traffic area and he is disqualified as a director (or a person with a controlling interest) of a company that is a subsidiary company to a company that holds or obtains any type of operator’s licence in any traffic area. This order of disqualification is made under sections 28(1), (3) and (4) of the Act.
Mr Michael Davey – transport manager
Mr Michael Davey has lost his good repute as a transport manager. He is disqualified from being a transport manager with effect from 02 September 2021 to 01 September 2022 under paragraph 16(2) of schedule 3 of the Act and paragraph 7B(2) of schedule 3 of the Passenger Act.
I cannot (for the reasons I give in this written decision) think of any suitable rehabilitation measure that will allow Mr Davey to restore his good repute as transport manager at the end of the period of disqualification.