Decision for Ground Construction Limited (OF1001870) and Former Transport Managers: Danielle Middlemass & Sean Conroy
The Deputy Traffic Commissioner for Eastern England's written decision for Ground Construction Limited (OF1001870) and Former Transport Managers: Danielle Middlemass & Sean Conroy
Documents
Details
The Deputy Traffic Commissioner for Eastern England decided:
- I place the operator company’s failings in the “Serious” category in Annex 4, Statutory Document No 10. The positive steps taken following the investigation and the absence of previous serious regulatory findings, lead me to the determination that the operator company can be trusted to run a compliant licence in the future. That is dependent on the directors putting into practice their stated good intentions in respect of supervision and monitoring of compliance systems.
I mark the regulatory failings identified in the DVSA report and the operator company’s lack of oversight of documentation produced to DVSA by a Curtailment of the number of vehicles authorised on the licence overall from 30 vehicles to 20. The operator is required to inform the OTC within 14 days of the specified number of vehicles operated from each of the 3 operating centres.
- I place the following undertaking on the licence:
Independent Audit of maintenance and traffic compliance systems to be conducted in March 2025. Copy of report to be sent to OTC Cambridge by 1st April 2025 with detailed actions to address any recommendations.
-
In considering the matter of good repute of the transport manager, Danielle Middlemass, I take into account her relative youth/lack of wider experience as a transport manager, her excellent character reference from her new employer, the testimony as to the previous high regard the operator company had for her work, the lack of support/ senior management oversight and her personal circumstances. Nevertheless, producing false records and thereby attempting to deceive DVSA examiners in a formal investigation is wholly incompatible with the trust traffic commissioners place in transport managers and the good repute required, and, loss of good repute is determined in this case.
-
Under paragraph 17B(2) of Schedule 3 (as amended by the Road Transport Operator Regulations 2011), where a traffic commissioner determines that a transport manager has lost their good repute, the traffic commissioner must order the person to be disqualified from acting as a transport manager.
-
I have regard to the positive features above in keeping that disqualification to the very minimum commensurate with the seriousness of the conduct. On loss of good repute, Danielle Middlemass is disqualified from acting as a transport manager on any licence for a period of 12 months. I make no formal rehabilitation order and in order to regain her good repute, continued good performance in her role within her present operator/employer company, and, a recognition of the responsibilities that go with the statutory role of transport manager, will count heavily in her favour.
-
Sean Conroy has failed to respond to any communicatons from the OTC and fails to attend the public inquiry. The operator company referred to him as a “zero hours transport manager” which is not a concept familiar or acceptable to me at all. The only formal documentation I have seen on OTC records is a nomination for him on a seocnd licence for the operator company where it states that he would be working “45 hours per week” having declared a 45 hours commitment to the operator company. Surprisingly, this does not seem to have generated an enquiry from the OTC, but, in any event, the operator company and Mr Conroy, as a qualified transport manager, should have ensured he was removed from the operator company’s licence if he was not carrying out any transport management functions. A transport manager can never be a manager “in name only”.
-
On failing to respond to a formal call-up letter, and, failing to attend a public inquiry called in respect of serious regulatory issues, Sean Conroy loses his good repute as a transport manager and he is disqualfied indefinitely from acting as a transport manager. Should he wish to regain his good repute he may apply after a minimum period of 12 months under Schedule 3, para. 17 of the Act.
-
The call-up letter identified environmental issues regarding the operator company’s site at 250 Toddington Road, Luton, LU4 9DZ. Following confirmation of planning permission amendments, and with the consent of the operator company, the following environmental condition is placed on the licence in place of the existing restriction on any operation outside normal business hours;
“With the exception of 8 movements between 06.00 and 08.00 and 4 movements between 18.00 and 19.00 Monday to Friday, there will be no operation, movement, loading or unloading of unauthorised vehicles or trailers at the operating centre before 08.00 and after 18.00 Monday to Friday; before 08.00 and after 13.00 on Saturdays; and there shall be no operation, movement, loading or unloading of authorised vehicles or trailers at the operating centre on Sundays and Public Holidays.”