Decision for Thomas Robertson (transport manager)
Source: gov.uk (2025-03-04)

Written decision of the Traffic Commissioner for the West of England for Thomas Robertson

WESTERN TRAFFIC AREA

THOMAS ROBERTSON – TRANSPORT MANAGER

DECISION OF THE TRAFFIC COMMISSIONER 14 FEBRUARY 2025

DECISION

The Goods Vehicles (Licensing of Operators) Act 1995 (as amended) (“the Act”)

The good repute of Thomas Robertson as transport manager is lost. He is disqualified from acting as such for an indefinite period.

BACKGROUND

Thomas Robertson came to my attention when he was called to public inquiry with KPT (SW) Limited in November 2023 following a DVSA desk-based assessment. That assessment found compliance systems and processes sadly lacking. My decision in that hearing was as follows:

“Mr Robertson sees management systems as unnecessary paperwork. Errors were made by him in responding to the DVSA request for explanation. There are basic issues arising from the compliance documentation that he has failed to address such as the driver reportable defects and the substantial missing mileage. I fall short of finding his good repute lost but I put him on notice that any further applications to be a transport manager will be heavily scrutinised. I will be seeking independent compliance audits from his other clients, one of which will be a pre-condition of grant of a variation application.”

Two audits were subsequently carried out on M & M Plant (Devon & Cornwall) Ltd and sole trader David John Cleave, both in April 2024. Both identified significant shortcomings. As I am not able to compel an independent auditor to attend a public inquiry to give evidence, I requested DVSA investigations. Those were returned in September and October 2024 and confirmed both the original audit findings and that little to no improvements had been made, as a result I called both operators and Mr Robertson to public inquiry.

Mr Robertson resigned as transport manager of M & M Plant in September 2024 and of David John Cleave on 31 January 2025. An email was received on 11 February indicating that Mr Robertson would not attend the hearing the following day on medical grounds. Despite a request for evidence of those grounds, none was forthcoming.

THE PUBLIC INQUIRY

Thomas Robertson did not attend the inquiry. Director Bruce Bellamy and transport manager Andrea Shadrick attended for M & M Plant represented by Paul Atkinson, transport consultant. David John Cleave attended represented by Elizabeth Caple, solicitor.

Proceedings were recorded and I record here only the evidence which is relevant to Mr Robertson.

M & M Plant

Bruce Bellamy told me that he had responded to the DVSA report by seeking what he intended to be a second transport manager to support Mr Robertson. When Ms Shadrick was introduced to the business, Mr Robertson resigned. Ms Shadrick viewed the systems and processes in place ad decided to start afresh. Mr Bellamy had attended operator licence training in December 2024.

Mr Robertson had been introduced to the business by the maintenance contractor, Ian Aldridge. Mr Bellamy accepted that he had not exercised sufficient supervision over him. Review of the compliance documents provided for the hearing showed a striking improvement from that witnessed by DVSA last summer. The company was investing in fleet-management software for Mr Aldridge’s business to address the issues with the readability of the inspection reports. I noted that the maintainer was in the habit of routinely adjusting automatic slack adjusters which I usually find is an indication of a lack of competence or being severely out-of-date. I was given an undertaking that maintenance would, in the future, be carried out by a technician qualified to irtec Advanced Technician level and concluded that case with a formal warning.

David John Cleave

Mr Cleave had retained the services of Mr Robertson until advised by his solicitor to part ways. The recent compliance records showed little to no improvement over those seen by the auditor last spring and DVSA last summer. A vehicle was signed-off as roadworthy in November 2024 with the front tyres measured at 2mm and 3mm, highly unlikely to be legal 6 weeks later and not much use when hauling livestock around steep and muddy farm lanes. Mr Cleave felt that the issues lay with “paperwork”, much the same as Mr Robertson had told me in November 2023. An application for a new transport manager had just been made. I saw the smallest of green shoots of recovery and have adjourned that hearing for six months to allow new processes to be adopted and their effectiveness evidenced. It was very clear that Mr Robertson had again entirely failed to act on the advice of both the independent auditor and DVSA.

DETERMINATION

Thomas Robertson has been transport manager at three businesses where compliance has badly failed. He has been provided with advice on at least five separate occasions and failed to act upon it. He is an octogenarian and seeks now to retire from the industry. Had he made that decision in November 2023 when his shortcomings first came to light, I may have accepted retirement. I may have been able to be convinced to accept it in April 2024 when the audits showed serious shortcomings. But he resolutely stood his ground until compelled to leave by his employers. I have no doubt that, had he and David Cleave not been called to public inquiry, he would still be in a transport management role creating risk and danger. I find that his good repute is now lost. He is disqualified from acting as a transport manager for an indefinite period.

Kevin Rooney

Traffic Commissioner

14 February 2024