Decision

Decision for Taylor Mcquade (OK2054225)

Published 21 December 2023

0.1 In the South Eastern & Metropolitan Traffic Area

1. Traffic Commissioner’s Written Decision.

1.1 Taylor Mcquade (OK2054225)

2. Background

The operator Taylor McQuade is the holder of a standard national licence authorising one vehicle granted on the 19  May 2022. Taylor McQuade is a sole trader and is also the designated transport manager on the licence. The casefile indicates that proof of Mr McQuade’s qualification as a transport manager was not provided when he was approved for that appointment.

On  the 30 June 2023 a vehicle driven by Mr McQuade was stopped by the DVSA. It was discovered that the vehicle had no valid MOT and no excise licence in force.  The vehicle had not been specified on the operator’s licence but analysis of the tachograph data showed that it had been used by Mr McQuade by him regularly for at least the previous 28 days. The tachograph download also showed that no driver’s card had been used and the use that was identified revealed a significant breach of the drivers’ hours rules. Examination of the vehicle resulted in an “s marked” prohibition being issued with faults showing with the steering, tyres, lights and wheel nuts.

A follow up maintenance investigation was planned and Mr McQuade attended an initial interview on the 7 September 2023 but was unable to produce any of the paperwork which had been requested. He claimed to have purchased the vehicle in question shortly before he was stopped on the 30 June 2023 and said that the vehicle was only being used on that day whilst another vehicle was being repaired. This explanation did not match ANPR data subsequently obtained which showed regular use leading up to the DVSA encounter.

Subsequent communication from the DVSA to Mr McQuade received no response and a decision was taken to call the case to public inquiry. As part of the call up, documentation was required but once again no response was received. A member of the staff from the Office of the Traffic Commissioner contacted Mr McQuade by telephone and reminded him that documentation should be produced. He was also reminded of the date and time of the public inquiry.

A further statement was provided by Traffic Examiner Ostridge dated 7 December 2023 in which he said that the vehicle had been encountered on the  9 November 2023 with a defective headlight and under inflated tyres. At that time the vehicle was still without a current excise licence and MOT.

3. The Public Inquiry

Mr McQuade failed to attend the public inquiry and I proceeded with the case in his absence. I was satisfied that he was aware of the hearing as the public inquiry had been delivered by post and not returned. He was also reminded of the hearing during the conversation with the member of staff from the Office of the Traffic Commissioner referred to above.

4. Findings and Decision

This is a bad case. Mr McQuade has breached Section 26(1) (c)(iii) ,(ca), (e) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act,1995 and those breaches have been blatant and ongoing. He has added to the faults by lying about his use of the vehicle that was stopped on the 30 June 2023 and continuing to use the vehicle thereafter. His failure to comply with the requests for information from the DVSA and the Traffic Commissioner compound his faults. I can find no positive aspects in this case to balance against the negatives. I do not trust the operator to be compliant if the licence is allowed to continue and have no hesitation is saying he deserves to be put out of business.

I therefore order that Taylor McQuade’s repute is lost both as an operator and a transport manager and that the licence is revoked under Section 27 of the 1995 Act with immediate effect.

I order that Taylor McQuade is disqualified indefinitely from holding or obtaining an operator’s licence with immediate effect.  I have decided that an indeterminate period is required to reflect the seriousness of the case and to make sure that he knows that he would have to present a totally different approach to compliance if he ever applies for the disqualification to be lifted. I also order an indefinite disqualification with immediate effect from him being designated on any licence as a transport manager. His qualification to do so is in some doubt but in any event I direct that he would have to pass the CPC examination for transport managers before any application for removal of the disqualification could be considered.

My belief is that Mr McQuade is continuing to operate and therefore direct that a copy of this decision is sent to the DVSA. Mr McQuade should be aware that any use by him of a vehicle which requires an operator’s licence will be subject to detention and forfeiture of that vehicle as a result of this decision.

John Baker
Deputy Traffic Commissioner                            

13 December 2023