Decision for Bakers Waste Services Ltd (OF1134284) & P.Baker & A.Yates (TMs)
The Traffic Commissioner for Eastern England's written decision for Bakers Waste Services Ltd – OF1134284 & Paul Andrew Baker & Andrew Yates – Transport Managers
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The Traffic Commissioner for Eastern England decided:
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based on the evidence summarised above, I was satisfied that I should record adverse findings under the following sections: 26 (1)(b) - condition to notify changes including management, maintenance and the ability of the Transport Managers to meet Schedule 3, 26 (1)(c)(iii) – Prohibitions (although I noted the investigation and response), 26(1)(e) - statements of intent relating to inspection intervals and compliance with conditions, 26(1)(f) - undertakings (vehicles to be fit and serviceable, to employ effective driver defect reporting, full maintenance records), which continue to be an issue, 26(1)(h) - material change in the position of the Transport Managers and financial standing. I made an adverse finding under section 27(1)(a) so as to allow a final Period of Grace of 4 months to provide acceptable evidence to show financial standing. The operator’s bank should note the requirements of this tribunal.
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I was asked to accept Mr Baker’s resignation, without a disqualification from relying on his Certificate of Professional Competence. His repute is tarnished by the above findings. Mr Yates departed but I was to consider his performance at this hearing. I have not acted in respect of his repute beyond finding it to be tarnished, but any future application by him will have to be referred to a Traffic Commissioner for scrutiny. That left the operator without a Transport Manager, but I then allowed the appointment of Ms Bunting and Mr Lake. They were reminded of their joint responsibility and of paragraph 60 of the Senior Traffic Commissioner’s Statutory Document No. 3 on Transport Managers.
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I was asked to accept that the restructure has not moved as quickly as hoped but that reporting lines and accountability are already evident. Mr Baker told me that he had engaged A S Miles for the long-term. He gave me an undertaking that the consultants would be retained for at least two years and to supply with a copy of an audit within 6 months of the date of this Public Inquiry. Noting the issues which arose when changing suppliers, which had arisen since the last hearing, I exceptionally allowed this undertaking but on the proviso that the auditor is a different person to that advising the operator.
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the operator’s repute is heavily tarnished
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I determined that the licence be curtailed to 52 vehicles from 23:45 tonight (21 June 2023). As was suggested to me in evidence: it is all or nothing. The operator should consider this to be a final chance to achieve compliance.