Decision

Decision for Jeffrey Keating

Published 17 June 2022

1. WESTERN TRAFFIC AREA

2. JEFFREY KEATING TRANSPORT MANAGER

3. PUBLIC INQUIRY HEARD IN BRISTOL AND VIA TEAMS, 2 MARCH 2022

4. BACKGROUND

Jeffrey Keating attended a public inquiry in relation to Claybank Transport Services Ltd and Bosham Transport Ltd on 9 March 2021. He had not been called in his own right at that time but review of compliance documentation generated significant concerns in relation to his good repute. Specifically, Martyn Clark, the director of Claybank, who was at that time driving full time, was not recording any other work. This appeared to render his tachograph records incomplete and potentially false. I adjourned the Claybank inquiry and requested a DVSA investigation.

The DVSA investigation took far longer than expected and, in the event, the specific request to check the drivers hours compliance of Martyn Clark was not carried out but it is evident from the records I have seen today that Mr Clark’s work as director of Clarks Caravan and Boat Haulage Ltd is not, and never has been, included in the analysis of his working time for Claybank.

Mr Keating ceased to act as transport manager for Claybank on 31 May 2021. On 11 May 2021, one of the company’s vehicles was stopped at the DVSA checkpoint at Chilcomb, near Winchester. It was found to be overloaded. The driver had committed drivers hours offences including taking a full weekly rest in the vehicle. The trailer had eight serious defects on the braking system. Follow-up investigations by DVSA found significant shortcomings in the systems Mr Keating had put in place. In particular, no first-use inspection had been carried out by Claybank. The trailer belonged to Clarks, which was not the holder of a goods vehicle operator’s licence. Claybank relied on Clarks to inspect the trailer but did not do so itself, contrary to standard practice as set out in DVSA’s Guide to Maintaining Roadworthiness. There are flexibilities within both the Guide and an IRTE Best Practice Guide but these extend only to trailers shared between licensed operators, not the use of third-party trailers from other providers. In this case, of course, the provider had its operator’s licence revoked in August 2019 following findings of loss of repute of the directors. Part of the reason for that revocation was discrepancies in the brake testing of trailers.

Whilst the Chilcomb encounter came a fortnight after Mr Keating ceased to act as transport manager, I consider it results from Mr Keating’s systems and processes. For that reason and because of the failure to make a complete record of the director’s driving times, other work and rest periods, I called Mr Keating to public inquiry.

The call-in letter was sent on 2 March 2022 by recorded delivery and by email. My office has confirmed that the letter was delivered and signed-for by “Keating”. The email was also confirmed as delivered. Mr Keating has not attended today. I am content that he is aware of proceedings. I proceed to make a decision.

The combination stopped on 11 June 2021 by DVSA was overweight, seriously defective and had a driver who was not properly rested in line with the law. These all arise as a direct result of Mr Keating’s failures. At public inquiry in March 2021, I made a specific point of outlining my serious concern that Martyn Clark was not recording all his work such that a proper analysis could be made of his driving time and rest periods. That deficiency was never corrected. Again, I find that arises from Mr Keating’s failures. Mr Keating had the opportunity of a public inquiry to address these failings but has chosen not to take it.

5. DECISION

Due to the failings set out above, Jeffrey Keating has forfeit his good repute as transport manager. He is disqualified from acting as such until he sits and passes again the transport manager Certificate of Professional Competence.

Kevin Rooney

Traffic Commissioner, Western Traffic Area

21 April 2022