Decision for M&I Travel (PC1100141)
Source: gov.uk (2025-03-04)

Written confirmation of the oral decision of the Traffic Commissioner for the North West of England for M&I Travel & Grahame Stephenson (Transport Manager)

IN THE NORTH WEST TRAFFIC AREA

M & I TRAVEL LTD – PC1100141

& MR GRAHAME STEPHENSON (Transport Manager)

WRITTEN CONFRIMATION OF THE VERBAL DECISION OF THE TRAFFIC COMMISSIONER

Public Inquiry

This operator appeared before me at Public Inquiry on Tuesday 14 January 2025 and was in attendance through its sole Director, Mr Martin Ian Burgess. Mr Burgess was represented by Mr Mark Davies of Backhouse Jones and was supported by Mr Grahame Stephenson (Transport Manager), Mr Grahame Robinson (Transport Consultant), and Mrs Alison Burgess (proposed future Transport Manager).

Mr Stephenson was also called separately to the Inquiry so that concerns regarding his capacity as Transport Manager could be considered. Mrs Burgess, having only recently been the subject of a Transport Manager application, attended only to provide evidence. Her application was not before me for consideration at today’s Public Inquiry.

DVSA Traffic Examiner Mr Andrew Pickford was also available via MS Teams. Whilst I did not need to call upon him to provide evidence I record my appreciation for him taking the time to attend.

I am grateful to all in attendance for their assistance in dealing with the matters before me. I am also grateful for the provision of statements and evidence in good time prior to the Inquiry.

In evidence I found both Mr Burgess and Mr Stephenson to be credible and honest witnesses. There were shortcomings with this operation, but the Director and Transport Manager did not shun responsibility from those shortcomings. The outcome was that this is an operation that was incredibly slow to react. Firstly, following the previous Public Inquiry, which focused on maintenance, and now, following the DVSA convictions, for tachograph offences in 2023.

Following the provision of evidence I am content that the maintenance systems and procedures are largely acceptable. I do have concerns regarding some elements of the Driver Defect Reporting process, but I note the improvements made in respect of brake testing, the reduced PMI interval period and the systems for wheel security. This is further evidenced by a largely satisfactory Maintenance Investigation Report and improving pass rate at annual test.

My criticisms are largely leveled at the processes relating to the systems that should be in place to allow the licence holder to observe the rules on drivers’ hours and tachographs, and to keep proper records. Of significant concern is many of the failings identified in the Traffic Examiner Visit Report from November 2023 were previously highlighted to the operator through their own independent audits obtained in February 2020 and April 2022. No action was taken despite the issues being raised, and appropriate advice being given. Some reactive measures were eventually taken as a result of the DVSA report, or perhaps more accurately, as a result of the resulting convictions, but this was enacted much too slowly. Issues remained at the date of a further independent audit dated 06 February 2024. I also note that the convictions against the licence holding company were not notified to this office within 28 days as per the conditions of the licence.

I do, however, note the improvements. The DVSA commented that advice was finally being listened to, and I was given evidence that Mrs Burgess is now being employed to take the next steps towards compliance. I was provided evidence as to how Mrs Burgess had taken up Transport Manager responsibilities at two earlier, unlinked, operations and managed to turn them around. She now fully intends to do the same with M & I Travel Ltd.

Mr Davies gave helpful representations on the guidance provided in the Upper Tribunal decision of NT/2013/82 Arnold Transport:

• “The attitude of an operator when something goes wrong can be very instructive. Some recognise the problem at once and take immediate and effective steps to put matters right. Others only recognise the problem when it is set out in a call-up letter and begin to put matters right in the period before the Public Inquiry takes place. A third group leave it even later and come to the Public Inquiry with promises of action in the future. A fourth group bury their heads in the sand and wait to be told what to do during the Public Inquiry”.

This is an operator who, I was advised, had not waited until the call-up letter was issued before they started to take appropriate action to resolve the issues identified. I accept this, but I do question to what degree changes would have been made without the critical eye of the DVSA, and the resulting prosecutions.

In relation to Mr Stephenson’s role as Transport Manager, I consider his involvement as being tepid or lukewarm at best. I fear he fails to fully grasp that he is responsible for the effective and continuous control of transport operations. Until such time as Mrs Burgess’ application is complete, this is a responsibility he carries alone. He needs to offer greater support to his employer, and offer greater challenge to the behaviours of the drivers.

Decision

I make formal findings as follows:

That the operator has not honoured the undertakings they signed up to, namely that they would observe the rules on drivers’ hours and tachograph rules, and keep proper records;

That the operator has breached the conditions of the licence, namely that they failed to notify the Traffic Commissioner within 28 days of events which affect good repute (the convictions);

That the vehicles or drivers have been issued with prohibition notices by the DVSA or the police within the past five years; and

That since the licence was issued, there has been a material change in the circumstances of its holder, namely that the operator has been convicted of offences.

On consideration of the facts I consider that this case falls into the SERIOUS category of the Senior Traffic Commissioner’s suggested starting points for regulatory action. This is an operator who has had a number of previous warnings and has attended a Public Inquiry in the past. There is evidence of persistent operator licence failures, with an inadequate response. On consideration of the representations made by Mr Davies I am not minded to take any regulatory action that would put them out of business or create unintended consequences for the local community (noting the volume of work they undertake for school transportation).

I consider the question posed by the Upper Tribunal in 2009/225 Priority Freight namely: how likely is it that this operator will, in future, operate in compliance with the operator’s licensing regime? I answer in the positive. The evidence before me in respect of this licence leads me to conclude that this is an operator that has it within them to comply, but they now need to do so at pace. I give credit for the proposal to employ a secondary Transport Manager, and I note that improvements are being, slowly, established. I therefore hold back from a finding that good repute is lost.

By way of regulatory action to deter this operator from further non-compliance, I direct that the licence is suspended for a period of five days to be served during half term, starting at 00:00hrs on 17 February 2025, and ending at 23:45hrs on 21 February 2025.

In respect of Transport Manager Mr Grahame Stephenson, I do not find that good repute is yet lost but, on account of the failings and that he has been subject of a previous warning by a Traffic Commissioner, I find that his good repute is severely tarnished.

Application

The operator had previously applied for an increase in the volume of Public Service Vehicles they could operate at any time from 20 vehicles to 28 vehicles. On consideration of the history of this operator, and the difficulties it appeared to have in proper management of drivers’ hours and tachograph rules, I approve a reduced increase to 24 vehicles, which will take effect from 00:00hrs on 22 February 2025.

I do so on the basis of the following undertakings offered by the operator:

• That Mr Martin Ian Burgess will complete an Operator Licensing Awareness Course not later than 31 March 2025 and will provide a copy of his certificate of attendance to the Traffic Commissioner within 7 days of attendance;

• That Mr Grahame Stephenson will complete a 2-Day Transport Manager CPC Refresher Course not later than 31 March 2025 and will provide a copy of his certificate of attendance to the Traffic Commissioner within 7 days of attendance;

• The operator undertakes to identify a DVSA-authorised audit provider, the RHA, Logistics UK, or other equivalent independent body to carry out an audit of compliance systems during July 2025. The audit will assess the operator against the standards published under the earned recognition scheme: www.gov.uk/government/publications/dvsa-earned-recognition-vehicle-operator-standards

• A copy of the report, together with the operator’s detailed proposals for implementing the report’s recommendations is to be submitted to the Office of the Traffic Commissioner at Golborne by 15 August 2025. The audit will assess the systems for complying with drivers’ hours and tachograph rules and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements detailed in the guidance on Operator Compliance Audits available at: www.gov.uk/government/publications/operator-compliance-audits

and I formally note the following Statement of Intent:

• All those driving under this operator’s licence shall use their tachograph card to record all journeys (with scope of either Domestic or EU rules) in all vehicles carrying digital tachographs.

David Mullan

Traffic Commissioner for the North West of England

14 January 2025