Sanctions were the only option available to deal with a case of O-disc lending among linked minibus operators in Wales
In mid-September, the Office of the Traffic Commissioner published Deputy Traffic Commissioner (TC) for Wales Anthony Seculer’s decision in the case of Tracey and Ian Davis, following a public inquiry (PI) held at Pontyprydd. Tracey Davis was the holder of a Restricted PSV Operator’s Licence authorising two vehicles, granted on 28 November 2006, and Ian Davis also held a Restricted PSV Operator’s Licence authorising two vehicles, granted on 26 October 2009.
On 21 February this year, a DVSA maintenance investigation (MIVR) for Tracey Davis identified substantial failings in maintenance and compliance systems, and raised concerns about the use of the Restricted PSV Licence, as well as about the role of Brian Davis, the operator’s husband, and his business, Celtic Minibus Ltd, in the operation of the licence.
Celtic Minibus had held an operator’s licence from 14 January 2008 until 16th August 2019 when it was revoked owing to a change in legal entity. Tracey Davis and Ian Davis had both been directors of Celtic Minibus, a business run by Brian Davis.
On the 16 March this year, a 16-seat minibus displaying an operator’s licence in the name of Ian Davis was encountered in Cardiff. The driver, Philip Davis, stated that he was doing hire and reward work for Ian Davis. Philip Davis was unable to provide evidence of driver CPC qualifications, and the vehicle’s tachograph unit had not been locked in by the operator and was incorrectly fitted.
Then, on 3 June, a Traffic Examiner Investigation Report (TEIR) revealed substantial shortcomings in the compliance systems for Ian Davis’ licence. It showed that the operator was failing to manage drivers’ hours and working time, and appeared to rely on Tracey Davis to answer questions at interview.
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