Decision for Walls Truck Services Ltd and Michael Wall (Transport Manager)
Confirmation of Oral Decision of the Deputy Traffic Commissioner
IN THE WELSH TRAFFIC AREA
WALLS TRUCK SERVICES LTD, OG1018489 (Applicant) and MICHAEL WALL (Transport Manager)
BEFORE: GERALLT EVANS (DTC)
PUBLIC INQUIRY HELD AT PONTYPRIDD ON 30 JUNE 2026 AT 10AM
CONFIRMATION OF ORAL DECISION OF THE DEPUTY TRAFFIC COMMISSIONER
DECISION
On findings in accordance with Sections 26(1)(b), 26(1)(c)(iii), 26(1)(f), and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995, I direct that the standard national goods vehicle operator’s licence of Walls Truck Services Ltd OG1018489 is curtailed from 6 vehicles and 2 trailers to 4 vehicles and 2 trailers for a period of 7 days from 23:45 hours on Tuesday 30 June 2026 until 23:45 hours on Tuesday 7 July 2026.
In accordance with the provisions of section 26(6) of the Act, I direct that vehicles GK12 SJX and WA15 REC should not be used under the goods vehicle operator’s licence of Walls Truck Services Ltd OG1018489 or any other operator licence during the period the curtailment is in force from Tuesday 30 June 2026 until Tuesday 7 July 2026.
I find the requirement of professional competence is no longer met.
I grant a period of grace for 3 months to Wednesday 30 September 2026 for professional competence to be restored.
The following undertakings offered by Walls Truck Services Ltd shall be recorded on licence OG1018489:
(i) Walls Truck Services Ltd will identify an independent body to carry out an audit of transport safety and compliance systems in January 2027. The audit will assess the systems for complying with maintenance and/or drivers hours requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements detailed in the guidance on Operator Compliance Audits available at: www.gov.uk/government/publications/operator-compliance-audits.
A copy of the report together with the operator’s detailed proposals for implementing the report’s recommendations is to be uploaded to the licence record via the Vehicle Operator Licensing self-service account, or, if the operator does not have a self-service account, emailed to notifications@vehicle-operator-licensing.service.gov.uk by 26 February 2027.
(ii) All vehicles and trailers will undergo a laden roller brake test as part of every PMI. The results will be recorded, and the records will be kept for at least 15 months.
(iii) The operator will update the director details on the VOL licence record so that it corresponds with the Companies House register by close on Tuesday 14 July 2026.
(iv) By 30 September 2026 James Mathias Wall and Joshua Mathias Wall will either:
• attend in person an operator licence management training course; or
• participate in a virtual online operator licence management course.
Courses must be run by one of the following bodies:
• a trade association (Logistics UK/RHA/BAR/CPT),
• a professional body (IoTA/CILT/SOE/IRTE),
• a JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in goods transport, or,
• a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
Virtual online courses must satisfy the criteria for such courses established by the traffic commissioners. Whether attending in person or participating in an online course, proof of attendance must be submitted by e-mail to the Office of the Traffic Commissioner at Pontypridd within seven days of completing the course and by no later than 31 October 2026.
TRANSPORT MANAGER MICHAEL WALL
A formal warning is recorded against Transport Manager Michael Wall. I find his repute is not lost.
A statement of intent is recorded that Michael Wall will retire as transport manager by 30 September 2026 and will be removed from the licence. Further, Michael Wall will not seek reappointment as a transport manager on this or any other licence without the prior written consent of the traffic commissioner.
Introduction
Walls Truck Services Ltd (“the operator”) holds a standard national goods vehicle operator’s licence OG1018489 issued on 12 June 2003 and authorising the use of six vehicles and two trailers, with that number of vehicles in possession.
The current directors of the operator named on the licence record are Anthony John Wall and James Mathias Wall.
However, the Companies House register records that Anthony John Wall was removed as director on 3 April 2026, and Joshua Mathias Wall appointed on the same date. This change has not previously been notified to the traffic commissioner. The transport manager named on the licence since 2018, is Michael Wall (“TM Wall”)
Neither the operator nor its directors or TM Wall have previously given cause to be called to a public inquiry.
The basis of referral to the public inquiry is set out in the case summary and evidence included in the brief. In summary, following the issue of an “S” mark prohibition to one of the operator’s vehicles in December 2025, the DVSA undertook a desk-based assessment of the operator’s approach to compliance. The subsequent report contained some unsatisfactory findings.
The Call to Public Inquiry
The operator was called up to public inquiry by letter dated 29 April 2026.
The call up letter gave notice that the grounds for regulatory action in Sections 26(1)(b), 26(1)(c)(iii), 26(1)(e), 26(1)(f) and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) were to be considered as well as the provisions for disqualification in Section 28 of the Act.
TM Wall was called up in his capacity as transport manager by letter also dated 30 July 2025 that gave notice of consideration of the requirement of good repute and professional competence in Schedule 3 of the Act.
The Public Inquiry
The Public Inquiry was heard at Pontypridd today. The operator was represented by directors James Wall and Joshua Wall. The operator and its directors were legally represented by Jeremy Woodcraft of Keystone Law solicitors. TM Wall was not represented but had received some assistance ahead of the hearing from Mr Woodcraft.
The operator was supported by Gregg Murphy (technical manager) and Andrea Rawlings (administrator). Transport consultant Tony Webb of A1 Tachographs also attended.
In advance of the hearing, TM Wall submitted a witness statement in which he said he no longer wished to continue as transport manager on this or any other licence. Because of his age and health, he did not feel able to attend the public inquiry.
At my prompting, TM Wall agreed to remove himself from the licence and offered a statement of intent that he would not seek future appointment as a transport manager.
Determination
Based on the evidence of the DVSA, and the Operator’s general acceptance of the contents of that evidence today, I formally record the following findings of fact:
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The operator has failed to notify changes in its directorships contrary to the conditions on the licence. This satisfies the grounds for regulatory action in Section 26(1)(b) of the Act.
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The operator has been issued with prohibitions in the past including two in 2025. This satisfies the grounds for regulatory action in Section 26(1)(c)(iii) of the Act.
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The operator has not honoured the undertakings it signed up to when it applied for the licence, namely,
i. that its vehicles and trailers would be kept fit and serviceable.
ii. that it would keep records for 15 months of driver defect reports, safety inspections and routine maintenance and make them available on request.
iii. that drivers would report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and trailers, and that any defects would be promptly recorded in writing.
This satisfies the grounds for regulatory action in Section 26(1)(f) of the Act.
- The findings above also mean that I additionally find there has been a material change in the circumstances of the operator, specifically in relation to its professional competence. This satisfies the grounds for regulatory action in Section 26(1)(h) of the Act.
I have considered TM Wall’s position as transport manager. The findings above and the evidence provided by the DVSA audit raise considerable concern about his effectiveness as transport manager. I balance this with the fact that he has now removed himself from the licence and has given an indication he will not seek future appointment as a transport manager. I also note the absence of any previous action against him. I consider the indications from TM Wall address my concerns about the risks of his continuing as transport manager and I am content to close the public inquiry in relation to his position by accepting his statement of intent and drawing back from making any formal adverse fining in relation to his good repute and professional competence.
As a result of TM Wall’s retirement, the operator no longer meets the requirement of professional competence and the grounds for revocation of the licence in Section 27(1)(a) of the Act are satisfied.
I have listened to the request for a period of grace. I accept that the loss of the previous transport manager has been at short notice and prompted by me. I also accept the challenges of recruiting a new transport manager whilst a public inquiry is pending. I heard the work that the operator is doing to speak to potential candidates. I am persuaded that that there is sufficient evidence that goes beyond “mere hope and aspiration” (in the words of the McKee test) that there is a realistic prospect of professional competence being restored if a period of grace is granted.
I therefore grant a period of grace for professional competence for 3 months initially to Wednesday 30 September 2026.
The operator is warned that the requirement of professional competence must be met by that date. In relation to that, the requirement is to obtain traffic commissioner approval of any new transport manager before the period of grace expires. It is not sufficient to simply apply to appoint a new transport manger.
If the period of grace expires without the statutory requirement being met (or the period of grace is extended) then the licence will be revoked without further notice. Any application to extend the period of grace must be made well in advance of the expiry date and must be supported by tangible supporting evidence of why the extension is necessary and likely to have a good outcome.
I have then considered if regulatory action is required arising from my other adverse findings of fact. I have applied the balancing exercise and the positive and negative features by reference to the guidance in the Senior Traffic Commissioner’s Statutory Document Number 10.
I find the following negative features are present:
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There has been ineffective management control and insufficient systems in place to prevent operator licence compliance failings.
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Prohibitions have been issued.
I identify the following positive features:
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There do now appear to some systems and management control in place to prevent many operator licence failings, but there are some areas requiring further improvement.
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The Operator co-operated with the enforcement investigation and the public inquiry process.
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The lack of previous formal action or warnings to the operator.
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The director’s willingness to attend OLAT training and seek a new Transport Manager.
Having balanced these factors and considered the guidance in Statutory Document 10, I am of the view that the case falls in the “moderate” category when considering the starting point for regulatory action.
I have gone on to consider the test set out by the Upper Tribunal in Priority Freight 2009/225 of whether I can trust the operator to be compliant in future. This appears to be a case of a long-standing family business that has encountered issues during the transition to the younger generation of management. I have noted the tangible evidence of recent improvements and there is also the prospect of a new TM coming in with a fresh pair of eyes. Consequently, I find I can have confidence in the Operator’s ability to operate compliantly in future, but this is also subject to taking action to underline that expectation.
I have also considered the guidance offered by the Scottish Court of Session in Thomas Muir (Haulage) Ltd (1999) SC 86 that regulatory action can be used to achieve the purpose of the legislation by deterring this operator and others from non-compliance.
I conclude that regulatory action is necessary to ensure that the operator understands the expectation that full compliance must be swiftly achieved and then maintained for the long term. I consider the proportionate action to achieve that aim is to direct a curtailment of the licence by 2 vehicles to 4 vehicles and 2 trailers for a period of 7 days.
I direct that the curtailment takes effect immediately in view of the operator’s indication that this can be managed.
My decision has also been informed by the willingness of the operator to offer the undertakings recorded above.
Gerallt Evans
Deputy Traffic Commissioner
30 June 2026