Decision

Decision for Calder’s Concrete Products Ltd

Published 8 October 2021

1. DECISION OF THE TRAFFIC COMMISSIONER

2. Calder’s Concrete Products Ltd OD2029907

3. Public Inquiry, Birmingham, 28 September 2021

3.1 Expanded written version of oral decision given on 28 September 2021

4. Decision

Restricted licence OD2029907 held by Calder’s Concrete Products Ltd is revoked with effect from 0001 hours on 1 October 2021 pursuant to Section 26(1)(f) and (h) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”).

5. Reasons

The company was granted a restricted licence for three vehicles on 23 May 2020. During the application process the company agreed a finance undertaking whereby it would submit evidence of appropriate funds over the period 1 June to 31 August 2020 to the central licensing office in Leeds by 30 September 2020. The deadline came and went without such evidence being received. A reminder to the operator dated 21 October 2020 elicited no response. Only after a “propose to revoke” letter was sent on 16 November 2020 did the operator respond. The evidence provided showed average funds of only £3,100 rather than the £6,500 necessary for three vehicles.

Given the nature of the Covid crisis, I decided to give the company one further opportunity to demonstrate adequate funds. I offered and it accepted a new undertaking whereby it would provide fresh evidence of funds over the period 1 March to 31 May 2021, and that by 15 June 2021. This deadline in turn came and went without us hearing from the operator. My office contacted the company on 6 July 2021 to remind it of the deadline. Company director Ronald Calder first claimed to have emailed it then, when told there was no evidence of this, stated that it had been posted. There was no evidence of this either: certainly it was not received. When the company eventually provided the information, it showed average funds of only £2266, insufficient even for the one vehicle which it now said it wanted its licence reduced to.

Weary of this endless ping-pong, I decided to call the operator to a public inquiry to resolve the matter once and for all. The call-up letter was sent by email on 26 August 2021 and was marked “delivery complete” on the server. The letter and bundle were sent by special delivery on the same date and delivery was signed for on 27 August, the next day.

The public inquiry has taken place today, 28 September 2021, in Birmingham. Ronald Calder stated that he had not received the inquiry bundle until Saturday 18 September. It had been sent to postcode WV16 6TE whereas the correct address was WV16 6TD. I reminded him that WV16 6TE was the correspondence address which he had provided on the application form. Further, the letter had been signed for by “Calxers”, an obvious typo for “Calders”. Mr Calder said that it was not his signature.

I asked why Mr Calder had not provided any of the requested maintenance and drivers’ hours records which the call-up letter had asked for. The letter had been emailed on 26 August and had been received. Even the bundle had been received 10 days ago according to Mr Calder’s account: he had therefore had sufficient time to assemble the records for the two vehicles operated.

Mr Calder said that he had not read the call-up letter. Asked why not, he said that he had been “too busy”.

I saw no point in continuing the inquiry further. Mr Calder’s attitude to the whole regulatory process has been one of contempt. He has repeatedly failed to provide the necessary financial information and, when he has eventually provided it, the necessary finances have been severely lacking. He has not even bothered to read the call-up letter and so has not provided any of the information it requested.

A company “too busy” to engage with the regulatory authorities and with such little capital is not fit to hold an operator’s licence. Calder’s Concrete Products Ltd has repeatedly failed to fulfil its undertakings (Section 26(1)(f) of the 1995 Act refers) to provide financial information; it lacks the necessary funds to support an operator’s licence and this constitutes a material change since the licence was granted (Section 26(1)(h) of the 1995 Act refers). Sole director Ronald Calder’s attitude to the inquiry process has been frivolous and unreasonable.

Because of the company’s complete failure to treat the regulatory system seriously and because there is no evidence at all that its vehicle is in a roadworthy condition or that it has complied with the laws relating to drivers’ hours and tachographs, I am revoking the company’s licence with almost immediate effect, from 0001 hours on 1 October 2021.

6. Further action

I have requested DVSA and the Police to employ their ANPR and on-road resources to identify and stop Calder’s Concrete Products Ltd’s vehicle YJ54 ABK if it operates on or after 1 October 2021. If it is found so operating, it risks being impounded by DVSA.

Nicholas Denton

Traffic Commissioner

28 September 2021