Decision

Decision for Capital Demolition Ltd (OK0216015) and Capital Demolition UK Limited (OK0225697)

Published 14 December 2020

In the South Eastern and Metropolitan Traffic Area

Decision of the Deputy Traffic Commissioner

Public Inquiry heard In Chambers at Ivy House, Ivy Terrace, Eastbourne on 15 September 2020

1. Background

The operator Capital Demolition Limited (CDL) is the holder of a restricted licence authorising four vehicles granted on the 14 June 1996. The sole director of the company is Dennis William George Read. Mr Read is also the sole director of Capital Demolition (UK) Limited (CDUKL) who also holds a restricted licence granted on the 14 June 1996 authorising two vehicles

Both operators have been the subject of previous regulatory action including a public inquiry relating to Capital Demolition Limited in 2014 and a proposal to revoke in relation to Capital Demolition (UK) Limited in 2015.

A roadside encounter in relation to a vehicle operated by CDUKL revealed that the driver of the vehicle did not have a CPC qualification and the tachograph in the vehicle had not been downloaded for 409 days. A maintenance inspection carried out by a Vehicle Examiner on the 10 October 2019 in relation to CDL identified numerous shortcomings and breaches of the undertakings agreed at the time the licence was issued. An inspection by a Traffic Examiner on the 6 November 2019 in relation to both operators revealed a similar number of failings in relation to these aspects of compliance requirements.

Whilst there were some initial responses from transport consultants in relation to the identified failings a follow up visit by a Traffic Examiner in February 2020 showed that there had been little improvement made during the period since the initial visit.

Information disclosed to the Traffic Examiners revealed that Mr Read’s son had been in control of the two companies during the period when some of the compliance failings occurred. On the follow up visit a Mr Gibson had taken over the daily management of the businesses and promised that action would be taken to rectify the problems.

2. The Public Inquiry

The public inquiry was scheduled for the 15 September 2020 and call up letters sent to Mr Dennis Read accordingly. Prior to the inquiry it was noted that CDUKL had been placed in liquidation and on the 14 September 2020 a letter was received from Mr Read stating that he would not be attending the inquiry and asking that the surrender of both licences be accepted. He said in his letter that he “had employed people to assist him in in being a compliant operator but these people had obviously failed”.

3. Findings and Decision

It is evident in this case that both operators have breached Section 26(1) (c) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act, 1995. The deficiencies found by the Vehicle and Traffic Examiners were serious and widespread. It also appears that Mr Read, by his own omission delegated responsibility for compliance to others and it is assumed that he did not check whether they were achieving what was required.

In these circumstances I do not find that it is appropriate to accept a surrender of the licences and order revocation of both licences with immediate effect. Whilst I have not disqualified Mr Read from holding licences in the future he should be aware that if he were to apply for one, or be a directors of a company that does so, the circumstances of the current revocations would be taken into account.

John Baker

Deputy Traffic Commissioner

15 September 2020