Decision

Decision for Logistics For Sure Ltd (OK2035817 & OF2065161)

Published 14 May 2024

0.1 In the London and South Eastern Traffic Area

1. Written Decision of the Deputy Traffic Commissioner

2. Public Inquiry held on 25 March 2024 at Eastbourne

3. Operator: Logistics For Sure Ltd (OK2035817 & OF2065161)

4. BACKGROUND

Logistics for Sure Limited is the holder of a standard international licence granted at a preliminary hearing on the 5 March 2021 authorising four vehicles and three trailers. The directors of the company are Nnannke Von Radloff and Foday Mansaray. The transport manager is David Steele. On the 13 April 2023 the operator applied for a new licence (OF2065161) to authorise six vehicles and four trailers.

On the 3 November 2022 one of the authorised vehicles was encountered by the DVSA and examination of the tachograph records of the driver revealed multiple false records. A follow up investigation was conducted by Traffic Examiner Lordan and this showed that the operator may not have been using the authorised operating centres. When 67 tachograph records were examined 91 offences were detected involving false records and breaches of drivers’ hours regulations. Records of three drivers including the director Foday Mansaray were examined. It was revealed that all three drivers had committed offences with Mr Mansaray shown to have committed 76 offences, driver Tyler Beckford 8 and driver Doran Warner 7.

Upon receipt of the full report from the Traffic Examiner it was decided that the operator should be called to a public inquiry and the three drivers to conjoined conduct hearings. My decisions in relation to the drivers have been detailed separately. 

On the 20 February 2024 following receipt of the call-up letter to public inquiry the operator contacted the Office of the Traffic Commissioner asking to surrender the existing licence and withdraw the new application. They were advised that the hearing would proceed and that I would decide whether to allow those applications then.

5. THE PUBLIC INQUIRY

Mr Mansaray, appeared at the inquiry together with the former transport manager Mr Steele. Mr Mansaray was also present in his capacity as a driver together with Mr Beckford, who was represented by Mr Thomas Restell of Counsel. The other director, Ms Nnanke Von Radloff who I was told is Mr Mansaray’s wife, was present in the building looking after the children of the family. I invited her to speak to me at the conclusion of the hearing and for Mr Mansaray to look after the children but she stated that she did not want to address me on any of the points under consideration.

I heard evidence from Mr Lordan and noted the key elements from his report. He read out his summary and conclusion at page 167 of the hearing bundle in which he said:

While there were several issues with various systems utilised by the operator, there were major issues with driver hours, missing mileage and use of the operator centre.

Multiple false records created by removing the driver card and driving continuing, often for 100 + kms, regular exceeding daily driving, and insufficient daily rest being committed. These instances are clearly visible and obvious to anyone that cares to look at the analysis and infringement reports.

Of extreme concern, to me, is the fact that the main culprit, committing by far the most infringements, is the Company Director, Foday MANSARAY.

While the remaining 2 drivers are committing some infringements, which are totally eclipsed by their employer.

The distances and times involved, more so while driving articulated HGV’s across the country, are such that road safety would be seriously impinged.

The operator centre in the Ashford Truck stop was only being used ‘most’ weekends by 1 vehicle while the other remained at the operator centre for KBC in Purfleet, rather than starting and finishing at their authorised operator centre.

Road safety and compliance are, clearly, playing 2nd fiddle to profit.

Consequentially, it is considered that the operator is not complying with the Statement of Intent with regard to the undertakings submitted at the time of application for the operator’s licence.

Mr Mansaray did not challenge the conclusion reached by the Traffic Examiner.  I referred him to the number of detected offences in the report and he accepted that they had occurred. There were also concerns about the financial circumstances of the Operator and detailed financial information had been requested. By the date of the hearing none had been provided, nor was any presented to me at the hearing.

Mr Mansary’s explanation for working in breach of the drivers’ hours rules was that it was necessary because he and his sub-contractor could not afford not to. In other words, the commercial demands and competition were such that it was almost impossible to operate without breaching the regulations.
Mr Mansaray was asked about whether the operating centre in Ashford was, in fact, in use much of the time, and his answer affirmed that this was very little due to the need to be close to the sub-contractors works based in Purfleet.

Mr Steele said he had become the transport manager on this licence in August 2022. I asked about his efforts to resolve the unlawful actions by the operator and he replied that he had attempted to do so and had written an extensive report for the Operator to address many of the issues as he saw them. He accepted however, that this report had been compiled after the visit by Traffic Examiner Lordan and that prior to this he had been relying on Mr Mansaray to download the tachograph details and he had failed to do so.

6. FINDINGS AND DECISION

I find that there have breaches of section 26(1) (a) (b) (ca) (e) (f) and (h) of the Goods Vehicles (Licensing of Operators Act, 1995. Further I find that the operator no longer has repute and financial standing as required to hold a licence. I refuse the application to surrender the licence and order revocation in pursuance of Section 28 of the Act. I am firmly of the view that the operator deserves to be put out of business and would be unlikely to be compliant if it was proposed the licence would continue. The operator through Mr Mansaray showed a blatant disregard for the rules relating to drivers’ hours and thereby presented a risk to road safety. Significant action has to be taken to mark the seriousness of this behaviour and as a deterrent to others. I find no positive features to include in the balancing exercise.

As a result of the level of seriousness I find that there is a need to keep the operator and directors away from the transport industry for a period of time and order a disqualification against the operator Logistics for Sure Limited and both directors Foday Mansaray and Nnannke Von Radloff from holding or obtaining an operators licence for a period of two years. The revocation and disqualification will take effect from the date of this decision. I also refuse the application OF2065161 for a new licence as the requirements to hold a licence have not been made out.

Whilst Mr Steele’s culpability was less than the operator’s he was nevertheless negligent in not taking action to prevent the serious breaches of the regulatory regime. He should have been more proactive and intervened and not just relied on Mr Mansaray to oversee the tachograph downloads. The action he did take was after the event. For these reasons I find that he has lost his repute as a transport manager and in that event I have to disqualify from acting in that capacity and I do so for one year. This order will also commence on the date of this decision. I make no specific rehabilitative requirements but he should nevertheless ensure that if he applies to be a transport manager in the future he is up to date with the expectations applicable to transport managers and has systems in place to avoid any repetition of the practice of this operator.

John Baker
Deputy Traffic Commissioner   

08 April 2024