Decision for Briggs and Partner Ltd and transport manager David Savile Thwaite
Written decision of the Deputy Traffic Commissioner in the North East for Briggs and Partner Ltd and transport manager David Savile Thwaite
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Details
Decision
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A formal warning is recorded against the operator’s licence in respect of failure to operate adequate systems to ensure compliance with legislation on drivers’ hours, driver licences and CPC cards.
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Transport manager David Savile Thwaite’s repute is severely tarnished. He receives a formal warning for failing to ensure the adequate operation of systems to ensure compliance with the conditions and undertakings signed up to when the licence was granted, particularly with regard to the law relating to drivers’ hours and tachographs.
Additional undertakings are added to the licence:
(i) The operator will apply by 31 March 2022 to add David Farrer to the licence as transport manager.
(ii) David Savile Thwaite will attend a 2-day transport manager refresher training course by 31 August 2022.
(iii) Directors Joseph Thwaite and Victoria Thwaite will attend operator licence awareness training by 31 August 2022.
(iv) An independent audit of the Operator’s systems for maintenance and drivers’ hours and the effectiveness with which those systems are implemented will be carried out by a trade association by 30 September 2022. A copy of the audit report, together with the Operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner in Leeds within 14 days of the date the operator receives it from the auditor.
(v) The vehicles will be subject to laden roller brake testing by a maintenance provider independent of those specified on the licence once every 3 months.
(vi) The additional maintenance provider Crossroads Truck and Bus will be added to the licence by 31 March 2022.