Decision

Decision for HORNBEES WASTE MANAGEMENT LTD & SAM DAVIES, TRANSPORT MANAGER

Published 18 August 2022

0.1 IN THE EASTERN TRAFFIC AREA

1. HORNBEES WASTE MANAGEMENT LTD – OF1112114

AND

2. SAM DAVIES – TRANSPORT MANAGER

3. CONFIRMATION OF THE TRAFFIC COMMISSIONER’S DECISION

3.1 REDACTED VERSION

4. Background

Hornbees Waste Management Ltd holds a Standard National Goods Vehicle Operator’s Licence authorising 6 vehicles only. The Directors are Peter John Davies, and Sam Davies, who is also listed as the Transport Manager. Terence Good was removed on 9 June 2022, after the call-up letter was sent.

There is one Operating Centre at Ivorys Industrial Estate, Harper Lodge Farm, Harper Lane, Radlett WD7 7HU. Preventative Maintenance Inspections are said to be carried out at Frogmore Garage Ltd in Radlett 6-weekly intervals.

The operator was issued with a formal warning on 4 December 2018, after a vehicle being operated was stopped by DVSA on 22 March 2018, and it was found that the driver’s CPC card had expired.

5. Hearing

The Preliminary Hearing was listed for today, 4 July 2022, in Tribunal Room 1 of the Office of the Traffic Commissioner in Cambridge. The operator was present in the form of Peter and Sam Davies.

6. Issues

The Preliminary Hearing was called for me to determine whether it was necessary to call the operator back to a full Public Inquiry.

The operator was directed to lodge evidence in support by 22 June 2022, including financial, maintenance and other compliance documentation. The average of the financial evidence provided was not sufficient to meet the prescribed sum of £30,500 [REDACTED].

7. Determination

Vehicle YM66 PCY was issued with an “S” marked Prohibition Notice, signifying a significant failure, on 14 December 2021, after it was found that tyre tread was below the legal limit. A Fixed Penalty Notice was apparently also issued, placing repute at issue due to the most serious infringement.

Since February 2018 there have been 12 roadside encounters which resulted in 3 immediate Prohibition Notices for condition of tyres, 2 delayed Prohibitions issued on 3 June 2021 for brake systems and components, and on 20 December 2021 for steering mechanism.

DVSA conducted a maintenance investigation, with a visit on 19 January 2022. This was marked as unsatisfactory (pages 49 to 58) by Vehicle Examiner, Marin Duggan. The MIVR resulted in being unsatisfactory for the following reasons:

• Mr Sam Davies has not been added to the licence as a Director

• YM66 PCY - tyre reported at safety inspection on 19 November 2022 as being below (2mm) for vehicle, but no action was recorded, subsequently stopped on 14 December 2021.

• Driver failed to record a defect on 14 December 2021.

• Inspection records are not clearly marked to show who carried out inspection.

• No evidence of a system for checking vehicle recalls.

• No monitoring of emissions systems

• No evidence of re-torquing of wheels and the torque wrench was found to be out of calibration.

• No system for monitoring tyre age.

• No evidence of driver training on sheeting and load security.

The Examiner noted responses from Peter Davies and Sam Davies:

• Sam Davies was added to the Companies House register on 19 January 2022.

• the contractor has been advised regarding signing off sheets (missing signature), but the Transport Manager will now check.

• The Transport Manager will check for vehicle recalls every 6 months and keep a record. Appropriate action will be taken regarding any recalls.

• A toolbox talk on driver defect reporting was given on 28 January 2022. Drivers are instructed to report tyre or defect issues prior to leaving the yard and the Transport Manager will carry out regular gate checks before vehicles go on the road.

• Fuel usage is recorded yearly.

• A re-torque register is now in place with re-torque tags showing which tyre has been removed/re-fitted to which vehicle. Tags will be retained for 15 months.

• Front tyre ages will be recorded on re-torque/wheel-off register.

• A FORS toolbox talk was given on load security.

• Assurances were made that the maintenance system would be improved.

• Mr Sam Davies has been booked on a 2-day RHA Transport Manager Refresher course.

I was therefore interested to review compliance at a Preliminary Hearing. The following observations followed my dip sampling of the maintenance records:

LX14 CGG

• 19 May 2022 – inspection with roller brake test: 39%, 25%, 15%. It records offside 3rd axle and nearside rear outer tyres cut to cords, nearside rear strobe light inoperative, engine oil leak (again). The driver defect report records defects but no evidence of reporting/rectification despite a gate check on the same day.

• 5 April 2022 – inspection with roller brake test: 40%, 25%, 16%. It records nearside 2nd axle and offside 1st axle tyres cut to cords, wipers on one speed, engine oil leak. The driver defect report for the same day records defects but no evidence of reporting/rectification.

• 22 February 2022 – inspection with roller brake test: 40%, 25%, 16%,, with 34% imbalance on axle 4. It records hazard switch sticking, seat belt frayed, nearside body corner damaged. The driver defect report for the same day records defects but no evidence of reporting/rectification.

• 11 January 2022 – inspection with roller brake test: 55%, 25%, 23%. It records various cuts to tyres, holes in offside side guards, offside rear light adrift with no apparent driver defect report.

• 11 December 2021 – inspection with no test. It records nearside washer jets insecure. The driver defect report for the same day records defects but no evidence of reporting/rectification.

• 30 October 2021 – inspection with roller brake test: 37%, 25%, 13%. It records an engine oil leak, coolant leak, fuel cap seal torn but no apparent driver defect report.

YM66 PCY

• 26 May 2022 – inspection with roller brake test: 40%, 26%, 15%. It records a chip in the windscreen, slight play in steering column. The driver defect report records defects but no evidence of reporting/rectification.

• 12 April 2022 – inspection with roller brake test: 39%, 25%, 14%. It records nearside marker light is inoperative. The driver defect report records defects but no evidence of reporting/rectification.

• 1 March 2022 – inspection with no brake test report attached. It records offside 2nd axle and offside and nearside 4th axle tyres cut to cords, offside side light inoperative. The driver defect report records defects but no evidence of reporting/rectification.

• 17 January 2022 – inspection with roller brake test: 36%, 25%, 11%, with 40% imbalance on axle 2, 28% and 40% imbalances on axle 2, 28% and 340% imbalances on axle 3, 39% and 32% on axle 4. It records rear red safety tape in poor condition with no apparent driver defect report.

• 31 December 2021 – inspection with roller brake test: 35%, 25%, 10%, with 40% imbalance on axle 3. It records nearside 4th axle and offside front outer tyres cut, and cab mounts badly worn. The driver defect report records defects but no evidence of reporting/rectification despite a gate check on the same day.

Sam Davies has now attended his CVPC refresher course on 23 and 24 March 2022. He was unable to explain the apparent deficiencies in the brake testing of the tipper vehicles. They appear to be presented at sufficient weight of the GVW. It may be that the results can be explained by reference to notable imbalances. I identified axle 2 on one brake test report. He was advised to consult the DVSA Guidance: Understanding your HGV or trailer’s brake test report, published 10 February 2022.

All drivers attended a Driver CPC module on walk-round checks on 16 June 2022. I noted that there are allocated drivers for the vehicles. However, the records suggest that defects are being reported but there is no evidence of rectification on the defect reports. That might be attributable to Sam Davies having to undertake more driving duties because of the driver shortage, but it does not amount to effective and continuous management by the Transport Manager. Going forward, the operator and Transport Manager cannot rely on driver detectable defects being left to Preventative Maintenance Inspections for rectification.

I allowed an initial Period of Grace of 28 days to demonstrated financial standing by way of closing balance in the name of the operator and upon which basis I might be persuaded to extend by a further 3 moths show as to demonstrate financial standing by reference to a 3-month average, as per the Senior Traffic Commissioner’s Statutory Document No. 2 on Finance.

I accepted the following undertaking:

The operator will arrange an independent audit to be carried out by the RHA, Logistics UK, or other suitable independent body. The audit will assess the systems for complying with the operator licence requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements in the annex to be supplied by the Office of the Traffic Commissioner. 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 in Cambridge within 4 months of the date of this hearing.

The operator and Transport Manager were formally warned about the potential impact for regulatory action should these shortcomings continue. Repute is tarnished by my findings above.

R Turfitt

Traffic Commissioner

6 July 2022