Decision for Farid Bhaiyat (PC1104175)
The Traffic Commissioner for North West England's written decision for Farid Bhaiyat (PC1104175)
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The Traffic Commissioner for North West England decided:
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On findings in accordance with sections 17(3)(aa), 17(3)(d) and 17(3)(e) of the Public Passenger Vehicles Act 1981 the restricted public service vehicle operator’s licence of Farid Bhaiyat PC1104175 is suspended for 28 days with effect from 23:45 hours on Friday 8 December 2023 until 23:45 hours on Friday 5 January 2024.
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The following undertakings offered by Farid Bhaiyat shall be recorded on the licence PC1104175.
(i) The operator will arrange an independent audit to be carried out by a DVSA-authorised audit provider, the RHA, Logistics UK, or other equivalent independent body, in May 2024. The audit will assess the systems for complying with maintenance and drivers’ hours requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements in the attached annex. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner at Golborne within 14 days of the date the operator receives it from the auditor and by no later than 30 June 2024.
(ii) The operator shall, during the life of the restricted licence, keep separate records of all time spent and the gross and net income earned monthly by them from all occupations (with supporting detailed records from which these sums are derived) to enable the main occupation to be determined by the Traffic Commissioner at any time. Records shall be supported by primary evidence such as payslips, P60 documents, booking diaries, invoices and tachograph records. Copies of the records shall be made available to the DVSA or OTC officers on request.
(iii) Should gross income from, or time spent on, the minibus operation exceed that from all other sources for two consecutive months, the operator will apply for a Standard licence.
(iv) By 31 January 2024 Farid Bhaiyat will either:
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attend in person an operator licence management training course; or
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participate in a virtual online operator licence management course.
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Courses must be run by one of the following bodies:
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a trade association (Logistics UK/RHA/BAR/CPT),
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a professional body (IoTA/CILT/SOE/IRTE),
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a JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in passenger transport, or,
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a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
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Virtual online courses must satisfy the criteria for such courses established by the traffic commissioners. Whether attending in person or participating in an online course, proof of attendance must be submitted by e-mail to the Office of the Traffic Commissioner at Golborne within seven days of completing the course and by no later than 29 February 2024.