A south Wales operator who was stopped on the M4 motorway and found to have no professional driving entitlement and no MOT, has escaped with a 14-day suspension.
Deputy traffic commissioner Anthony Seculer said Thomas Bray, trading as TGB Transport, had been “grossly negligent” in failing to check his licence, but there was evidence to suggest he had been unaware he could not drive HGVs.
A Pontypridd public inquiry heard how Bray had attended a DVLA medical and believed everything was satisfactory, but in fact his goods vehicle driving entitlement was revoked on medical grounds. When his licence arrived, he had failed to check his entitlements.
Bray accepted that his vehicle not having an MOT was “a massive mistake” and he had relied on the maintenance garage to plan the test, although he accepted the blame rested with him. DTC Seculer said checking MOT dates and driving licence entitlements were basic and essential tasks of a competent transport manager and therefore Bray had lost his repute as one. However, the DTC also said the systems and records he had in place were good and his MOT pass rate since 2012 was 100%.
In his written decision, Seculer said: “Mr Bray states that he alerted the office of the traffic commissioner to the offences in accordance with his professional duty and I give credit for that.” As a result, he concluded that losing his good repute as an operator would be disproportionate but that suspension of the licence was appropriate. He was given a period of grace to appoint a new transport manager.