
A Harrow-based operator that “drove a horse and coaches” through the regulatory system has been disqualified for gross breaches of trust.
JD Fay Plant Services was called before traffic commissioner Sarah Bell at an Eastbourne public inquiry – although director Joseph Fay failed to attend.
The TC said Fay had sent her office a letter claiming he would not be there due to ill health, but no medical evidence was provided to corroborate this.
In her written decision she said the firm had unlawfully used an operating centre, obtained its licence through false declarations, lied to the DVSA during a desk-based assessment and had engaged in fronting by lending its licence out to another haulier called DMB Haulage.
“Mr Fay was previously given a chance to demonstrate that any doubt there was as to his knowledge and integrity would be resolved,” TC Bell said.
“Unfortunately, what we have instead is strong evidence that Mr Fay’s only focus is his own self-interest.
“In my judgement this case does require disqualification intervention to afford the industry and other road users the regime’s intended protections.
“I have chosen an indeterminate period as Mr Fay has not presented himself for questioning and thus it makes it impossible to form an assessment as to whether any specific period of time is of merit.”
She added that transport manager Thomas Hardiman had been cooperative throughout the PI process, provided evidence that he had not undertaken work for JD Fay Plant Services since August 2023 and so the TC said his repute remained intact.