Decision for Charles Peter Drain (OH2052901)
Published 16 February 2023
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0.1 In the Western Traffic Area
1. Written Decision of the Traffic Commissioner
1.1 Charles Peter Drain (OH2052901)
2. BACKGROUND
This is an application for a standard national licence authorising the use of one vehicle from an operating centre at Manor Farm, SO45 5TJ. The applicant is s a sole trader. The application was submitted on 25 January 2022. The proposed transport manager at time of application was Corrina Jenkinson. An interim licence was requested with the following justification
“I wish to apply for an interim as I am now applying in my own right for an Operators Licence. I have had my business for many years & wish to continue operating in a safe manner whilst awaiting a decision on a full licence”.
The application specified vehicle FN14FZS. The caseworker noted that vehicle had been specified on partnership licence OH0207453 Corrine Jenkinson and Roger Jenkinson. An explanation was requested for the links. In his response dated 8 April 2022, Mr Drain explained that he had previously held a partnership licence but his partner had moved to the North East around 2012. Mr Drain had been put in contact with Mrs Jenkinson and they had come to an arrangement for Mr Drain’s vehicle to be specified on her licence. Originally it had been vehicle HX51SXP, in 2014 it became MX57BBN and in November 2018, FN14FZS. In December 2021, he had been told that Mrs Jenkinson was not renewing her operator’s licence and he would have to apply for his own licence. That led to this application.
3. CONSIDERATION AND DECISION
No-one has attended the hearing today. I am satisfied that the papers have been properly served. There has been no contact from the applicant since 5 November 2022. Mrs Jenkinson has notified that she is no longer associated with the application.
In Aspey Trucks Ltd 2010 – 49, the Upper Tribunal comments on the difference between finding a loss of repute in an existing haulier and whether or not a new applicant to the industry met the standard to be of good repute:
“In a case such as this, the Deputy Traffic Commissioner was not looking at putting someone out of business. Rather, he was deciding whether or not to give his official seal of approval to a person seeking to join an industry where those licensed to operate on a Standard National or Standard International basis must, by virtue of S.13(3), prove upon entry to it that they are of good repute. In this respect, Traffic Commissioners are the gatekeepers to the industry - and the public, other operators, and customers and competitors alike, all expect that those permitted to join the industry will not blemish or undermine its good name, or abuse the privileges that it bestows. What does “Repute” mean if it does not refer to the reasonable opinions of other properly interested right-thinking people, be they members of the public or law-abiding participants in the industry?”
No finances have been provided. There is no transport manager. Section 13 fails to be satisfied on both counts. The application is refused.
Absent an explanation from Mr Drain, I find that he has been an illegal operator of a heavy goods vehicle from 2012 until 2022. Repute fails to be established and the application is refused, again pursuant to Section 13.
Kevin Rooney
Traffic Commissioner
8 February 2023