Decision for Costyflavor Trans Ltd – OF2020031 & Mr D Nadezhdin, TM & Rilcolm Services Ltd – OF2021903
The Deputy Traffic Commissioner for Eastern England's Written Reasons for Decision for Costyflavor Trans Ltd – OF2020031 & Mr D Nadezhdin, Transport Manager & Rilcolm Services Ltd – OF2021903
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The Deputy Traffic Commissioner for Eastern England decided:
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the conduct of this operator (Costyflavor) was such that this operator ought to be put out of business. The operator had lost its good repute. Pursuant to section 27(1)(a) of the Act, the operator licence was revoked because the operator was no longer of good repute, appropriate financial standing and it was no longer professionally competent.
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under my discretionary powers I found, even giving the operator as much credit as I could, that it was proportionate to revoke the operator licence under section 26(1)(a) [unauthorized operating centre], 26(1)(b) [breach of the licence conditions], 26(1)(f) [breach of the general undertakings on the operator’s licence] and 26(1)(h) [material changes since the licence was granted].
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the date that all order of revocation for Costyflavor take effect was set to 2345 hours on 28 July 2021 to allow the operator to wind down its transport operation.
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I then turned to the good repute of Mr Nadezhdin as the transport manager of Costyflavor. Mr Nadezhdin was no longer of good repute as a transport manager. As a result of Mr Nadezhdin losing his good repute as a transport manager it was mandatory for me to disqualify him as well. That disqualification start date was deferred until 2345 hours on 28 July 2021 to allow him to assist in the winding down of the transport operation. The disqualification was for 12 months from 2345 hours on 28 July 2021 until 2345 hours on 27 July 2022.
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in relation to Rilcolm. Its proposed transport manager had lost his good repute as a transport manager. He could not be the transport manager on this operator licence. There was no one else that could step in for him and this operator had been in a precarious position for a long time relying on a period of grace since 18 February 2021. I would not extend that period of grace.
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as a result of the period of grace no longer being present I revoked the operator licence in accordance with the adverse determination that had already been made. It was revoked under section 27(1)(a) [no longer being professionally competent] but I set the date of the revocation back to 2345 hours on 28 July 2021 to allow for the orderly winding down of the transport operation.
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even giving as much credit as I could to Rilcolm the correct entry point for regulatory action, as per Statutory Document 10, Annex 4, was in the “Serious” category due to the risk to road safety and the lack of management control in relation to maintenance.
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I did not think the operator had lost its good repute (but it had been severely tarnished by acts and omissions of Mr Van-Dunem and Mr Nadezhdin).
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it was, from my findings, proportionate to revoke the operator licence held by Rilcolm under my discretionary powers pursuant to sections 26(1)(f) [breach of the general undertakings on the operator’s licence] and 26(1)(h) [material changes since the licence had been granted]. Again, the date of revocation under my discretionary powers was deferred until 2345 hours on 28 July 2021.
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in relation to Mr C Giurica I formally direct that he is called into a driver conduct hearing in relation to the nine instances that he drove without his driver’s card.