Decision

Decision for Jason Poole & Paul Brown (OF2027765)

Published 8 October 2020

In the Eastern Traffic Area.

Confirmation of The Traffic Commissioner’s decision.

1. Background

Jason Poole and Paul Brown seek a Standard National operator’s licence, authorising one vehicle and no trailers, that application having been received on 14 October 2019. It nominates CPC holder, Andrew Davey; proposed PRM Commercials to carry out maintenance inspections at 6 weekly intervals; with an operating centre at Blue Barn Garage, Old Ipswich Road, Ardleigh, CO7 7QL

2. Hearing

This case was originally listed on 8 April 2020 but had to be postponed due to the Covid-19 restrictions. It was heard on 6 July 20120 in Tribunal Room 1 of the Office of the Traffic Commissioner in Cambridge. The applicants appeared, represented by Mr Murray Oliver, a solicitor of Oliver Legal.

3. Issues

This application is made by a partnership, whilst one of the partners is the subject of a current disqualification from acting as a Director. I was concerned to note previous failings in respect of OF1045242 but, given the disqualification, there was no recent history. On the basis of the information received, I remained to be satisfied as to repute and reserved my position on financial standing. The call up letter referred to sections 13A(2)(b), c) and 13D.

There is no licencing history recorded against Jason Poole. However, Mr Paul Brown was director of P Brown Builders Ltd (OF1045242). The company went into liquidation on 19/08/2008. This was not notified, and eventually continuation was not sought (CNS) in 2010. P Brown Builders Ltd (04471900), went into liquidation on 19/08/2008.

In making this application, Mr. Brown declared that he was made bankrupt in 2010 and was disqualified from acting as a company director from 20/02/2017 to 19/08/2020. This related to another company, Brown Builders Ltd (07070846), which went into liquidation on 03/11/2015 but did not hold an operator’s licence. Companies House records also show Mr. Brown as a director of Brown Builders Contractors Ltd (09655179). This company was incorporated in June 2015 and dissolved in October 2018.

4. Summary of Evidence

Mr Oliver very helpfully submitted representations in advance of the hearing including statements from both the partners.

There is currently no partnership deed, but I was able to observe the interaction between the partners and was reassured as to joint decision making. I was concerned as to the level of understanding of the compliance responsibilities to which they have signed up.

Mr Brown helped Mr Poole write the business plan and they have ordered a new rigid vehicle fitted with a hiab-style crane. The intention is to carry temporary buildings, other buy bulky items, including containers. The vehicle has been built order and financing was only possible, as a result of Mr Brown joining the business. That financing arrangement will only be agreed, upon grant of this operators’ licence.

In his statement Mr Brown acknowledges that he is the subject of a director disqualification order but that he has been engaged in a sole trader business, working on Construction projects since 2018. It indicates that this business has been successful and he has been fully compliant during that period. I am asked to accept that despite the negative history referred to in the public inquiry bundle Mr Brown simply forgot about the failure of his previous business, his personal bankruptcy, and the director disqualification order. Mr Oliver supplied a detailed chronology in the papers lodged prior to the hearing. That accepts that Mr Brown also failed to include his name on the initial advert.

I can understand that he would wish to forget some of the personal issues to which he has referred at paragraph 15 of his statement. However, I would expect to see some indication of the lessons learned from his involvement in the previous company, which had been established by his father. I am concerned by the suggestion that the disqualification merely followed the cause of the liquidation of Brown Builders Ltd. As paragraph 21 of the statement acknowledges, the director disqualification occurred because of findings against his conduct as a director, including a failure to cooperate with the liquidator.

I accept that he learned from previous errors. The delay caused by his omissions should act as a deterrent to future non-compliance. I was assured that there is no intention to change the status or entity engaged in this business.

It is unfortunate that Mr Davey was unable to attend. He has recently left employment as the Transport Manager on licence OF0092849 and was required to attend his new appointment today. The TM1 form indicated a commitment of 4 hours per week to this application, which was clarified in evidence down to 3 hours. There is no adverse information such as to cause concern about his appointment, but I do have concerns regarding the oversight possible from the partners. I note that Mr Poole is said to be an experienced driver but the partners’ knowledge of the systems which are being put forward on their behalf was lacking.

I therefore gave the partners opportunity to illustrate their ability to oversee compliance by reverting to me with their commitments to RBT and to download of driver and vehicle records. I also asked them to consider how they might demonstrate improved knowledge, through training. They agreed to revert to me within 7 days.

On 13 July 2020, I received a letter from Mr Oliver enclosing:

• Invoice for OLAT course, curriculum
• Certificates of attendance
• Minutes of a meeting between the partners and nominated CPC holder dated 11 July 2020
• Spill Kit Usage form
• Lifting Operations Risk Assessment
• Lifting Operations Method Statement & email re: 6 month LOLER checks
• Copy of HSE Guidance GS6 re: overhead powerlines
• Covid-19 policy
• Reference to policy file.

In the letter I was informed of the content of the meeting with the proposed CPC holder touching on the content of the above documents, PPE, forward planning, defect reporting, tachograph downloads and reporting, safe loading, roller brake testing and the 2 day CPC refresher course booked for 19/20 August 2020.

5. Decision

I have taken into account the following undertakings, which have been offered:

• all vehicles to be the subject of a laden roller brake test at every Preventative Maintenance Inspection, to be conducted as per the Guide to Maintaining Roadworthiness or other relevant DVSA guidance, with records retained in the usual way
• monthly driver infringement and missing mileage reported to be generated from the digital tachograph and drivers’ cards and vehicle units, to be retained for no less than 12-months
• Monthly meetings between the partners and the Transport Manager to be minuted with that record retained for 15 months and made available upon request

In addition I will require a copy of the certificate of attendance to be submitted for Mr Davey’s refresher course by 27 August 2020.

I am prepared to grant on the basis of those undertakings, with an inevitable warning that there must be full compliance going forward.

RT/TC/13/7/20