APPEAL WITHDRAWN: Decision for J R Bailey’s Ltd - OH1141579 and Transport Manager Christian Nuta
Written decision of the Traffic Commissioner for the west of England for J R Bailey’s Ltd - OH1141579 and Transport Manager Christian Nuta
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Decision
The Traffic Commissioner decided that:
Pursuant to adverse findings under Section 27(1), loss of good repute, the licence is revoked. The licence is further revoked pursuant to my findings under Section 26(1)(a), and 26(1)(e), use of unauthorised operating centres, Section 26(1)(f), persistently failing to keep vehicles and trailers fit and serviceable and Section 26(1)(f) again, failure to make proper arrangements to comply with the rules on drivers hours and tachographs. Revocation will take effect from 23:59 hours, 7 January 2022.
Pursuant to Section 28(1), Mary McDonnell and JR Bailey’s Ltd are each disqualified from holding or applying for an operator’s licence in any traffic area or Member State of the European Union from 8 January 2022 until 7 January 2025.
Mr Christian Nuta’s good repute is tarnished but not lost.
I refer licence OC1121407 to my North West colleague to consider action under, as a minimum, Section 27(1)(a) and Section 27(1)(b) due to the lack of professional competence since, at least, summer 2020. I further refer it for consideration of Section 26(1)(h), material change, in that the transport manager does not live in Rochdale as was detailed on her form TM1 at time of application, and she has not done so for some considerable time, if ever. There may of course be other matters.
I refer licence OF2034607, pursuant to Section 26(1)(i), to my colleague in the Eastern Traffic Area following the disqualification order made against the ultimate shareholder of that business and for any other relevant matters.