One important role held by the Traffic Commissioners is that of gatekeepers to the industry. In a recent public inquiry heard by Traffic Commissioner for Wales, Victoria Davies, the importance of this can readily be seen.
JB Plant & Co Groundworks Limited had applied for a restricted goods vehicle operator's licence to operate six vehicles and six trailers, but the commissioner had concerns around the applicant's fitness to hold a licence, his ability to maintain vehicles in a fit and serviceable condition and a failure to submit required financial and attendance information before the hearing.
Sole director Samuel Burton was convicted in 2019 for serious environmental offences related to illegal waste dumping. He failed to comply with the inquiry case management directions y, claiming non-receipt of inquiry letter until a few days before the hearing, although that was confirmed to have been properly delivered and emailed to him six weeks previously. He produced financial documents very late and after deadlines.
The Commissioner also heard that the previous operator's licence held by Burton was revoked in 2001 due to poor maintenance. More recently, he was stopped by DVSA in October 2024 driving an unsafe 12-tonne vehicle; issued an "S" marked prohibition for serious roadworthiness defects, which he attempted to downplay the severity of. An investigation is still ongoing into that matter.
Commissioner Davies said "The offences for which Mr Burton was previously convicted and sentenced are serious and resulted in a lengthy sentence of imprisonment… he was imprisoned for illegally dumping vast quantities of controlled waste at sites in Swansea and Carmarthenshire. He also dumped skip loads of rubbish at the rear and front of a house in Llanelli when the customer for whom he had carried out work failed to pay him. I note the comments made by Judge Thomas in sentencing Burton that he showed a "complete and utter contempt for any regulatory regime" … I also note the evidence about the revocation of the sole trader licence previously held by Samuel Burton and him being stopped by the DVSA on 19 October last year… His ability to maintain vehicles in a fit and roadworthy state has not improved on the evidence before me."
The licence application was refused because the applicant failed to satisfy the traffic commissioner that it met the requirements to hold an operator's licence. The full written decision can be found here .
For any
