Decision

Decision for Dani Codrea Ltd (OF2044258) & Andreea-Alina Boca (Transport Manager)

Published 24 August 2023

0.1 In the Eastern Traffic Area

1. Deputy Traffic Commissioner’s expanded written version of decision given orally at a Public Inquiry in Cambridge on 22 May 2023

1.1 Dani Codrea Ltd (OF2044258) & Transport Manager, Andreea-Alina Boca

2. Decisions

Standard national licence OF2044258 held by Dani Codrea Ltd is revoked with immediate effect, pursuant to Sections 26(1)(f) and (h) and 27(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995.

Company director Gheorghe-Dan Codrea is disqualified for an indefinite period of time from holding or obtaining any type of operator’s licence in any traffic area and from being the director of any company holding or obtaining such a licence, pursuant to section 28 (1), (4) and (5) of the 1995 Act.

The good repute of transport manage Andreea-Alina Boca is severely tarnished but not lost.

3. Reasons

The company is insolvent and on the point of entering liquidation. It therefore does not satisfy the requirements of financial standing and revocation of the licence is mandatory under Section 27(1)(a) of the 1995 Act.

Reasons under Section 26(1)(f) and (h) for revoking the licence include:

• Mr Codrea’s refusal to allow his transport manager to access the OTC’s vehicle operators online database (VOL);

• The company’s use of an unqualified maintenance provider (the driver) to carry out (token) preventative maintenance inspections, at premises which were wholly unsuitable;

• the complete lack of brake testing;

• a wholly inadequate response (just two lines) from the director Gheorghe- Dan Codrea to the DVSA’s maintenance investigation report;

• the company’s failure to attend the hearing.

Transport manager Andreea-Alina Boca did have the courtesy to attend: she was represented by Millicent Dooher, solicitor, of Smith Bowyer Clarke. While I concluded that Ms Boca had not performed to the standards expected of a transport manager, I was satisfied that this was a result of naivety and inexperience and that she had not been deliberately negligent. She has attended a two-day CPC refresher course and appears now to have a much better idea of what is required. The other licence on which she is nominated as transport manager has no compliance issues. I am therefore willing to give her another chance but she should understand that a repeat of the shortcomings seen during her time as transport manager for Dani Codrea Ltd would almost certainly result in the loss of her good repute. Her repute is thus severely tarnished but not lost.

Director Gheorghe-Dan Codrea did not attend the inquiry, emailing to say that he would not be present owing to the imminent entry into liquidation of the company. All vehicles had been disposed of. My clerk reminded him that it would be better to attend, as disqualification was a possible outcome which he might wish to present arguments against: he did not take this advice.

Mr Codrea’s failure to attend meant that I was unable to ascertain the precise degree of blame he bears for the serious non-compliance found with this company, or why he appears to have deliberately excluded his transport manager from access to the vital VOL licence information and management system. His refusal to co-operate with the regulatory process makes disqualification from holding a licence, under Section 28 of the 1995 Act, inevitable. I am disqualifying him for an indefinite period of time, although Mr Codrea may at any time request a hearing before a traffic commissioner at which to argue that his disqualification be time-limited or cancelled altogether.

Nick Denton

Deputy Traffic Commissioner

22 May 2023