Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 217 (AAC)

Fecha: 17-Jun-2025

Events preceding the public inquiry in 2024

Events preceding the public inquiry in 2024

Following reports that the Partnership were using an unauthorised operating centre, a DVSA traffic investigation was triggered.

DVSA Traffic Enforcement Manager Andrew Ball visited the Partnership on 12 December 2023 and interviewed Mr Brayley-Willmetts and Ms Gillbard. Mr Ball concluded that the operator had been using two unauthorised sites, namely the National Grid in Bodmin and Liskeard. He further concluded that both Transport Managers were not fulfilling their obligations as a result of the scoring of the audit and the use of the unauthorised sites. He concluded that there was what the Traffic Commissioner describes as ‘a general lack of process formality within the business’.

A compliance investigation was carried out by DVSA Vehicle Examiner Adrian Williams. He carried out an announced visit on 27 February 2024. The Traffic Commissioner summarised the outcome of the investigation as follows:

Of the thirteen categories on his report, six were unsatisfactory, five were mostly satisfactory and two fully satisfactory. Mr Williams highlighted a significant number of deficiencies with respect to the completion of the safety inspection reports. Many inspections did not have brake performance figures on the inspection sheet. There were many that had driver-reportable defects and several where the vehicle was presented with apparently dangerous defects such as loose wheel nuts. The MOT pass rate was of concern and there was no wheel security or tyre management policy in place. During the fleet check, one vehicle was issued with a prohibition for two immediate tyre defects and one delayed for an insecure exhaust system. Mr Williams also concluded that the Transport Managers were not exercising proper control.

On 30 March 2024 Mr Brayley-Willmetts submitted a response to the report. Zena Gillbard submitted a response on 7 April 2024.

Public inquiry call-up letters dated 10 July 2024 were sent to the Partnership, Zena Gillbard and Mr Brayley-Willmetts. The public inquiry was initially listed for 14 August 2024.

10.

The call-up letter in relation to the Partnership identified the issues of concern as follows:

you are operating from an unauthorised operating centre;

your vehicles or drivers have been issued with prohibition notices by DVSA or the police in the past five years;

the following statements you made when applying for the licence were either false or have not been fulfilled:

that your vehicles would be inspected at the 6 week intervals you promised they would be;

you have not honoured the undertakings you signed up to when you applied for your licence, namely,

that your vehicles would be kept fit and serviceable;

ii.

that you would observe the rules on drivers hours and tachographs and keep proper records;

iii.

drivers would report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and/or trailers, and that any defects would be promptly recorded in writing;

since the licence was issued, there has been a material change in the circumstances of its holder, namely events have occurred that have effected the good repute, professional competence and financial standing of the licence holder.

11.

The letter stated that due to the matters listed above the Traffic Commissioner was also concerned that the Partnership may not be of the appropriate financial standing to hold an operator’s licence for the number of vehicles authorised and that the partnership may not meet the requirement to have a stable establishment in the United Kingdom, be of good repute, or meet the requirements for a Transport Manager.

12.

The letter informed the Partnership that the Traffic Commissioner was also concerned that the nominated Transport Managers may not be exercising continuous and effective management of the transport activities of the undertaking and said that a separate letter had been sent to the Transport Managers to invite them to the public inquiry which will also consider their competence and repute.

13.

The public inquiry call-up letter to Mr Brayley-Willmetts said that, having reviewed information regarding his role as Transport Manager, the Traffic Commissioner had decided to hold a public inquiry to consider whether he continued to meet the requirements to be of good repute and could accordingly exercise effective and continuous management of the transport operation.

14.

The letter to Mr Brayley-Willmetts said that he must:

Start to collect your own evidence to allow you to set out your case at the hearing.

This should include the following documents:

The regular safety inspection records for the last 3 months;

ii.

The maintenance contract(s);

iii.

The last 3 months’ driver daily defect reports;

iv.

Forward planner;

Evidence of your systems for ensuring compliance with the drivers’ hours and tachograph legislation;

vi.

Evidence of training or disciplinary action received by drivers and managers;

vii.

Anything else which you think will help show you are a compliant Transport Manager or are taking steps to address the failings identified.

15.

The letter provided that any written representations or evidence must be submitted before 7 August 2024.

16.

On 24 July 2024 Mr Brayley-Willmetts emailed the Office of the Traffic Commissioner to confirm his and Zena and Roger Gillbard’s attendance at the public inquiry listed for 14 August 2024.

17.

The hearing on 14 August 2024 was adjourned. On 16 August 2024 the Office of the Traffic Commissioner wrote to the Partnership and Mr Brayley-Willmetts to inform them that the public inquiry had been relisted for 24 September 2024. Mr Brayley-Willmetts confirmed his attendance by email dated 27 August 2024.