Decision for Martin and Sarah Littlejohns and TM Craig Meaker
Published 22 November 2024
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0.1 WESTERN TRAFFIC AREA
1. MARTIN LITTLEJOHNS & SARAH LITTLEJOHNS OH1039554
2. TRANSPORT MANAGER: CRAIG MEAKER
3. AT A PUBLIC INQUIRY IN BRISTOL 13 NOVEMBER 2024
4. BACKGROUND
Martin Littlejohns and Sarah Littlejohns are the holders of a standard national goods vehicle operator’s licence authorised for two vehicles from a site at Minehouse Farm, Okehampton. One vehicle is shown as in possession.
On 25th April 2024 an immediate prohibition was issued at annual test for vehicle B12COW, due to a tyre bulging caused by failure of its structure. The issuing Vehicle Standards Assessor considered the defect to be of long-standing and to indicate a failure of the maintenance systems. On 30th May 2024, a maintenance investigation visit was conducted by Vehicle Examiner Carl Stevenson that was overall marked as ‘unsatisfactory’ with shortcomings found in the following sections:
- Inspection/ maintenance records,
- Driver defect reporting,
- Inspection facilities and maintenance arrangements,
- Vehicle emissions,
- Wheel and tyre management,
- Load security,
- Prohibition assessment,
- Transport manager control.
The operator responded on 15 July with what VE Stevenson considered to be acceptable assurances. However, the response also included a statement informing of the intent to downgrade to a restricted licence and that the transport manager, Craig Meaker, had resigned.
On 9th August 2024, my office wrote to the operator requesting evidence of financial standing, evidence that the transport manager had been paid over the previous six months and an undertaking for a partner to attend relevant training. No response was received and a follow up letter was issued on 23rd August. On 10th August, a standard loss of Transport Manager letter was issued. No response was received.
The operator applied to downgrade the licence from a Standard National to a Restricted licence on 28 August 2024. The following day, further information was requested supporting the application and a response received from a transport consultant. Within that was an acknowledgement that the transport manager had never been paid as he was a friend. Relying upon the standard last transport manager letter, and concerned that there was no evidence that there had ever been a genuine link between the operator and transport manager, I suspended the licence and called the operator to public inquiry. The application to downgrade falls to be determined at the same inquiry.
The licence was due for continuation on 1 November 2025. No continuation fee was paid and the system has automatically set the licence to a status of “continuation not sought”. The operator simultaneously offered the licence for surrender. Pursuant to Section 16(4) of the Act, that regulatory action was under consideration, surrender is refused and the licence is reset to valid to allow the inquiry to take place.
5. THE PUBLIC INQUIRY
No-one has attended for the operator. Mr Littlejohns had said as part of the surrender request that he would not do so and I am grateful for that indication. He is on notice that the inquiry will proceed. Likewise, Craig Meaker has indicated that he will not attend and is aware that the hearing will continue in his absence.
No evidence has been provided as was requested by the call-up letter.
6. FINDINGS OF FACT
This licence has been standard national since 2009. The request to downgrade came about following an adverse maintenance inquiry and the revelation that there has not been a genuine link between operator and named transport manager. Mr Littlejohns refers to no longer carrying animals for other people. I wanted to establish from the partners that the operation could operate under the terms of a restricted licence. Section 17(2) of the Act requires the operator to provide a response. With the operator being absent, no response can be obtained. The application to downgrade is refused pursuant to Section 17(1).
No finances have been provided. Financial standing is not satisfied. Section 27(1) is made out.
Where an operator relies on an external transport manager as is the case here, para 14A of Schedule 3 to the Act requires a genuine link. The same requirement can be found at Article 4(1) of EC Regulation 1071/2009, as adopted in to national law (and indeed in the EU:UK Trade and Cooperation Agreement). The Upper Tribunal has considered that requirement in T/2015/040 Tacsi Gwynedd. It found that a volunteer acting for no remuneration and without any contract, employment or otherwise, with the transport operator lacked the necessary link to be a transport manager in accordance with Article 4(1) and (2) of Regulation (EC) No 1071/2009 and was fundamentally at odds with the general regulatory purpose to ensure competent and effective management of transport activities (paragraph 56).
It follows that the arrangement at this operator has been non-compliant, seemingly since the addition of Mr Meaker in 2009. For fifteen years this operator has benefitted from a standard licence when it ought not to have done. Section 27(1) is made out in relation to professional competence.
VE Stevenson comments at section 4 of his report “The Transport Manager (Mr Craig Meaker) was not available on my visit and at no time interacted or contributed any information requested”. It seems Mr Meaker was not conducting the role and simply allowing his name to be used. Had he attended, he may have persuaded me otherwise but he has not. I am forced to find his good repute to be lost and he is disqualified from acting as transport manager until he takes and passes again his transport manager certificate of professional competence and he appears before a traffic commissioner to explain how the role is to be performed.
7. DECISIONS
Pursuant to a finding of loss of financial standing and professional competence, the licence is revoked with immediate effect, Section 27(1)(a) refers.
The good repute of Craig Meaker is lost and he is disqualified from acting as such until he sits and passes again the transport manager certificate of professional competence and appears before a traffic commissioner.
Kevin Rooney
Traffic Commissioner
13 November 2024