A sole trader in Wales who ignored undertakings he gave at a previous public inquiry about roller brake testing and failed to keep vehicles fit and serviceable has been disqualified and the licence revoked.
Victoria Davies, the traffic commissioner for Wales, said it was proportionate to disqualify Arwel Thomas for a year after finding multiple compliance failings at his Abergele, Denbighshire business.
He had appeared at a PI in in 2015 where his repute as an operator was tarnished and since then he had been issued with prohibition notices and failed to notify the TC he had ceased using the notified maintenance provider.
In July 2023, a DVSA roadside stop led to an S marked prohibition being issued to his truck for an insecure brake actuator.
An immediate prohibition was also issued for an inoperative direction indicator and a delayed prohibition for fracture brake component.
The DVSA also discovered the truck’s MOT had expired four years ago.
This prompted an investigation with “many compliance failings” uncovered.
The TC said that prior to the traffic examiner’s visit to his company no downloading of driver cards or vehicle unit was taking place and so there were no infringement reports or missing mileage reports available.
Thomas had given assurances that he had now put systems to manage the data and retain proper records, but no evidence was produced to demonstrate that this was the case.
“The operator passed by the opportunity of demonstrating how he is complying with his licence obligations now,” the TC said.
“I therefore found that his continued operation of his vehicle was likely to pose a significant risk to road safety.
“There is an accepted lack of competence which could easily have been remedied long before the inquiry hearing,” she added.
“Mr Thomas told me that he uses the vehicle and trailer for moving and delivering plant to various people.
“If he were to be disqualified, he would be disappointed because he felt that he had put a lot of hard work into haulage over the years, but he accepted that he had not handled the whole issue very well.
“I consider that revocation of this operator’s licence is a proportionate regulatory response and I direct that the licence is revoked.”
