Decision for K West Transport Limited
Written decision of the Traffic Commissioner for North West England for K West Transport Limited and transport managers
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DECISION
On findings pursuant to 26(1)(c), 26(1)(ca) and 26(1)(f) of the Goods Vehicles (Licensing of Operators) Act 1995 (“The Act”),
The operator’s licence of K West Transport Limited OC2029917 is curtailed from 10 vehicles and 10 trailers to 6 vehicles and 6 trailers with effect from 23:45 hours on Friday 6 January 2023 for a period of 28 days ending at 23:45 hours on Friday 3 February 2023. The operator shall notify the Office of the Traffic Commissioner by 17:00 hours on Friday 16 December 2022 of the registration numbers of the 3 vehicles to be removed from the licence during that period.
I direct in accordance with the provisions of section 26(6) of the Act that the vehicles so removed should not be used under any other operator licence during the period the curtailment is in force.
No further action is taken against former Transport Manager: [REDACTED]. His good repute and professional competence are marked as intact.
I record a formal strong warning against former Transport Manager Alan Geoffrey Wood-Townend. His good repute is marked as tarnished but not lost.
I record a formal warning against Transport Manager Alan Robert Bigwood. His good repute is marked as tarnished but not lost.
The following undertakings offered by the operator are recorded:
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The operator will arrange an independent audit to be carried out by the RHA, Logistics UK or other suitable independent body in June 2023. 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 31 July 2023.
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All vehicles will undergo a laden roller brake test at least 4 times every year in addition to annual test. PMI. All trailers will undergo a brake test at least 4 times every year in addition to annual test. The trailers will be tested in laden condition or otherwise in accordance with the guidance contained within the “DVSA Heavy vehicle brake test: best practice”. The results of all brake tests will be recorded, and the records will be kept for at least 15 months.