Two directors behind GHA Coaches have received indefinite disqualifications – according to the newly released written decision by Traffic Commissioner for Wales, Nick Jones. As reported in last week’s issue, GHA Coaches appeared before the TC at a Public Inquiry in Welshpool on September 20.
Gareth Lloyd-Davies and Arwyn Lloyd-Davies were each disqualified from holding or applying for an O-licence in any capacity including as a director, partner, or operator in any traffic area for an indefinite period. Gareth Lloyd-Davies was also found to no longer have the necessary good repute as a Transport Manager (TM) and was disqualified from holding or applying for any such position within the EU for an indefinite period.
The decisions were made after two GHA Coaches O-licences and their holders were found to no longer be of good repute, financial standing or meet the requirements of professional competence, leading to both licences being revoked.
After considering the evidence, Nick Jones, Traffic Commissioner for Wales, wrote: “This entity is now in administration and unable to produce evidence of financial standing – which in itself means that revocation is inevitable.
“However, I regard myself as duty-bound to consider the issue of repute and this is about as bad a case as one can get in terms of ignoring road safety and placing commercial interests over legal responsibilities. I have no hesitation in making a determination that GHA Coaches Ltd no longer has the necessary good repute.
“Gareth Lloyd-Davies is not only a director – he is also a TM on both licences. I recognise that depot managers have also been designated as TMs, but it is clear from their evidence that they have not had the control that they needed. Strictly, they should have resigned from their positions earlier – they were placed in an impossible position by the directors.
“Gareth Lloyd-Davies has overseen a business where vehicles have been transferred from one depot to another with numerous vehicles VOR’d (Vehicle Off Road) and out of use, leaving the other vehicles to carry passengers. He has allowed the PMI (Preventative Maintenance Inspection) periods to be increasingly extended, eventually to the extent that there was hardly any maintenance in the months prior to the demise of the business. Road safety was increasingly risked, dangerously so.
“This is a case of consistently choosing to put commercial advantage over road safety across a period of time and an indefinite disqualification is appropriate and proportionate. Compliant operators face a significant financial disadvantage when faced with individuals such as Gareth Lloyd-Davies and Arwyn Lloyd-Davies who operate without regard for the law. The lack of adherence to the regulatory framework has also put the travelling public at risk.
“I am of the view that any disqualification should be indefinite to reflect the fact that other regulatory bodies might take action on the two individuals as directors. If so, it would be after a detailed examination of the financial failures – a feature that is not known to me in detail at this stage. The harm to the travelling public and to the reputation of the PSV industry, as well as the financial damage to good compliant operators, is such that it is difficult to envisage either Gareth Lloyd-Davies or Arwyn Lloyd-Davies being allowed back into the PSV industry. However, I accept that any application must of course be considered on its merits, no doubt that would be after any finding in relation to trading while insolvent.”
