Suspension for Powys firm with numerous shortcomings

Chris Tindall
January 18, 2023

An operator that had ineffective management control, no analysis procedures to detect drivers’ hours infringements and relied on an unauthorised operating centre has escaped with a short period of suspension.

Victoria Davies, the traffic commissioner (TC) for Wales, said she had conducted a balancing exercise to determine what regulatory action she should take against Benjamin Davies, a sole trader who operated as Ben Davies Plant Hire, following a DVSA investigation.

The negative features were that the Powys operator, which held a restricted licence for three HGVs, had insufficient systems and procedures in place to prevent licence compliance failings; there was ineffective driver training; and insufficient procedures in place to ensure appropriate use of tachograph records by drivers.

However, the TC added: “On the positive side, the operator fully co-operated with the DVSA investigation, there were no road safety critical defects or ‘S’ marked prohibitions, and there had been no previous unsatisfactory maintenance visits or regulatory action.

“It was evident that the operator took swift action following the DVSA visit to address the compliance breaches identified. He had upgraded the licence to a standard national and employed a very efficient and impressive transport manager,” she said.

“I considered that there was a need for a deterrent intervention by way of a short period of suspension and that a period of 21 days was proportionate and appropriate in the circumstances of this case.”

About the Author

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Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and has covered a broad range of significant issues, including GPS jamming by criminals, platooning and Brexit.

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