Decision

Decision for CTL Transport Limited (OF1140130)

Published 9 February 2023

0.1 In the Eastern Traffic Area

1. Written Decision of the Deputy Traffic Commissioner

1.1 CTL Transport Limited (OF1140130)

2. Background

The operator CTL Transport Limited is the holder of a standard national licence authorising five vehicles and ten trailers granted on the 31 May 2016. The director and transport manager of the company is Wayne Sandford Campbell.

The operator was issued with a warning in April 2018 and attended a public inquiry on the 4 September 2019. The decision recorded at that inquiry shows breaches of the licence undertakings, financial standing not being met, and prohibitions being issued. A curtailment and suspension of the licence was ordered.

A maintenance investigation was undertaken by the DVSA in March 2022 and was marked unsatisfactory. The failings found included use of an unauthorised operating centre, absence of evidence of PMI records and driver defect reporting systems, poor annual test history and one vehicle being without an MOT at the stage of inspection. The operator sent a letter in response to the investigation setting out what was said to be the background to the failings and gave reassurances for improvements. Despite these assurances it was decided that the background and outcome of the investigation justified a call to public inquiry and notification was sent to the operator on the 27 June 2022.

On the 19 July 2022 documentation was sent to the Traffic Commissioner from Police Sergeant Beckers of the Metropolitan Police. This detailed an offence of no insurance in relation to one of the authorised vehicles on the 7 April 2022, a further offence of no test certificate for a vehicle on the 9 March 2022, and confirmation that an unauthorised operating centre had been in use. A request to produce relevant documentation to the police had also not been provided. Convictions against Wayne Campbell for offences of no insurance and no test certificate were recorded at Barkingside Magistrates’ court on the 10 June 2022. Copies of all this documentation was sent to the operator for inclusion in the public inquiry bundle.

A letter dated 15 July 2022 signed by Mr Campbell was sent to the Traffic Commissioner in which he said that he “fully understood the seriousness of the matters”, and that he had decided to stop trading and commence liquidation of the company. He said that he understood that the licence would be revoked but requested that he not be disqualified as a director or transport manager. If disqualification was ordered, he asked that the period be as short as possible.

3. The Public Inquiry

Mr Campbell did not attend the inquiry, so I determined the case in his absence in chambers.

4. Findings and Decision

It is evident in this case that there have been breaches of Sections 26 (1) (a) (b) (c) (e) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act, 1995. As Mr Campbell has recognised this a serious case where revocation of the licence is inevitable. There is an absence of evidence to show financial standing, an absence of evidence to show undertakings are being complied with and the original findings of the DVSA investigation are made worse by the documentation sent in by PS Beckers. The past history and regulatory action taken are additional negative factors to be borne in mind. The only positive I can find is the acceptance by Mr Campbell of the situation and his decision to cease operating.

In light of these findings, I order the immediate revocation of the licence under Section 27 of the Goods Vehicles (Licensing of Operators) Act, 1995 as the operator no longer satisfies the requirements for good repute or to demonstrate financial standing. In relation to Wayne Campbell as the sole director of the company I order that he is disqualified for a period of two years from holding or obtaining an operator’s licence or being a director of a company or member of a partnership that does so. I believe that a period of two years is necessary and proportionate reflecting the guidance give by the Senior Traffic Commissioner in Statutory Document 10 and the circumstances of this case.

I also order that the repute of Wayne Campbell as transport manager is lost, and I therefore am obliged to disqualify him from acting in that capacity and I so order for a period of two years. If after that time he wishes to be considered for an appointment he must ensure he is up to date and able to demonstrate that his approach to compliance is much improved from how it appears to be at present.
John Baker

Deputy Traffic Commissioner

2 August 2022.