An operator in Cumbria that failed to comply with all three undertakings given to it at a previous public inquiry has now had its licence revoked.
ET Metcalfe, which ran two vehicles out of a Sedbergh base, appeared at its first PI in 26 years in February 2023 after one of its HGVs attracted an S-marked prohibition and a DVSA maintenance investigation revealed “unsatisfactory and troubling findings”, according to deputy traffic commissioner Gerallt Evans.
Director Edward Metcalfe assured the DTC he was turning things around and he agreed to three undertakings: an independent audit, roller brake tests every three months and that he would attend an operator licensing awareness training course.
However, after the deadline to comply with the three undertakings passed the operator received a proposal to revoke the licence.
Metcalfe requested a second PI to discuss the matter, which was granted but the director failed to attend and he did not provide any of the requested documents prior to the hearing.
DTC Evans decided the operator had deliberately absented himself from the PI without good reason and he proceeded without him there.
In his decision, he said there were few positives in this case, other than the 26 years Metcalfe had been trading without appearing at a PI
“I do not have any confidence that the operator can be trusted to be compliant in future,” Evans said.
“I gave Mr Metcalfe the opportunity last year to show me that he could be so trusted. That demonstration was to be achieved by fulfilling the undertakings.
“Mr Metcalfe has completely failed to take advantage of that opportunity. He has not given me any basis for confidence that he will comply with the requirements and expectations of a compliant licence holder in future.”
He added: “The extent of the failings in this case and my concern about the operator’s ability to manage a safe and compliant operation is such that I am satisfied it is proportionate to direct the revocation of the licence.
“I also take into account the failure of the operator to cooperate with my inquiry and to provide any form of reassurance about his future compliance.”
However, given the many years of “unblemished operation”, DTC Evans drew back from disqualifying Metcalfe.
