Building firm has its transport licence revoked
AWELSH company’s transport licence has been revoked after it used agricultural tractors illegally to carry materials long distances.
Traffic Commissioner for Wales Nick Jones said in a report that Brecon-based Seer Construction Ltd’s use of tractors to avoid compliance with the rules “simply fills me with horror”.
He said that the firm’s commercial manager didn’t appreciate the significant road-safety implications of using agricultural tractors, with a maximum speed of 30-32mph, for long distances. Mr Jones argued that could frustrate other roadusers and result in accidents.
Government inspectors found the company was transporting materials using agricultural tractors, which is illegal. Further investigations revealed issues with driver licensing and record-keeping.
Seer Construction had held a restricted goods vehicle operator’s licence since 2015, with authorisation for three vehicles and two trailers
It was called to a public inquiry last month at Welshpool Law Courts. Evidence was given that the company was subject to a DVSA (Driver and Vehicle Standards Agency) stop on April 17 this year in the Ystradgynlais area of the Swansea Valley, when one of its John Deere tractors was found not displaying an operator’s licence, towing a trailer fully laden with soil en route to the Gurnos tip. The firm was carrying out work in Pontardawe at the time.
Checks with the DVLA database established that the driver only held a full Category B licence and that he was not driving in accordance with the licence.
The company’s commercial manager Phil Rees attended the inquiry in Welshpool on August 15.
Representation was made on behalf of Seer Construction that if the licence was allowed to remain, operator licence awareness training would be done, with independent six-monthly reviews.
It was also said that Seer Construction Ltd did not set out to circumvent the law and the failures were a result of a lack of expertise.
In his findings following the inquiry, Traffic Commissioner for Wales Mr Jones said: “The single most significant issue to me is the complete lack of appreciation of the unsuitability of using a slow agricultural tractor to avoid purchasing and maintaining an ordinary HGV. I appreciate that Phil Rees indicated his acceptance of the need for a transport manager, however there was no indication that the operator would cease using agricultural tractors for haulage.
“Indeed, the operator planned to alter agricultural tractors so that they were even slower, in order to avoid the requirement for tachograph equipment and adherence to EC drivers’ rules. This illustrates the fundamental lack of appreciation of basic road safety and a lack of consideration for other roadusers.”
He added using tractors on the highway such as Seer Construction Ltd had been doing was unacceptable: “They are wholly unsuitable as a means of circumventing the requirements of regulated heavy commercial goods.
“A feature that caused particular concern [was] that there was no appreciation whatsoever in relation to the impact on road safety of slow-moving tractors carrying heavy loads for long distances.”
Summing up, he said: “I have no hesitation in making a finding that Phil Rees lacks the skills to be a person running a compliant operator’s licence.”
Since the DVSA stop in April, Seer Construction Ltd has not used tractors as HGVs.