Bolton-based MDB Logistics Limited has had its licence revoked by the Traffic Commissioner for the North West of England, in a ruling aimed at sending “a clear message to the wider industry.”
Traffic Commissioner (TC) David Mullan’s ruling follows a public inquiry which found that MBD Logistics had allowed its operator’s licence to be used by another company, had failed to ensure vehicles and drivers were properly managed, and that its transport manager Mark Dawson Bevis had “severely tarnished” his good repute.
While TC Mullan acknowledged MBD’s previously clean regulatory history and the “open engagement” of Bevis, he found that the long term lending of the licence and the subsequent absence of oversight represented serious and persistent failings that could not be mitigated.
The Commissioner found that while Bevis maintained generally acceptable standards in respect of vehicles legitimately operated by MDB, he failed in his statutory duty to ensure continuous and effective management of the transport operations relating to the two J&M Plant Hire vehicles unlawfully operating under MDB’s authority.
As the nominated transport manager on the MDB licence, Bevis has been issued with a formal warning, with the TC ruling that his good repute was “severely tarnished but not lost.”
The TC also refused J&M Plant Hire Ltd application for a restricted goods vehicle operator’s licence, on the grounds that the directors could not be trusted to comply with the operator licensing regime.
Key factors driving the TC’s decision included J&M Plant Hire continuing to operate after the expiry of the directors’ previous licence, failure to disclose the liquidation of an associated company with significant debts, and evidence of prolonged unlawful vehicle use.
In addition the Commissioner cited the company’s a failure to respond to case management directions and an absence of any demonstrable compliance systems or financial evidence.
In his written decision, TC Mullan emphasised that trust is fundamental to operator licensing. He said: “Traffic Commissioners must be able to trust operators to comply with the laws, rules and regulations. Any practice that undermines that trust damages road safety, fair competition and public confidence in the licensing regime.”
The Commissioner also noted that while MDB engaged constructively with the DVSA investigation and the Inquiry process, the licence lending arrangement required a regulatory response that sent a clear message to the wider industry.
