Decision for MGFL Haulage Ltd – OF1048246 & Graham Day – TM & Vocational Driver: Michael Day
The Traffic Commissioner for Eastern England's written decision for MGFL Haulage Ltd – OF1048246 & Graham Day – TM & Vocational Driver: Michael Day
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The Traffic Commissioner for Eastern England decided:
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to record adverse decisions under sections 26(1)(b) – conditions on licence to notify changes, in this case relating to the Operating Centre, management and the ability to hold this licence, and the presence of a Transport Manager meeting Schedule 3, 26(1)(e) – statement to abide by conditions on the licence, 26(1)(f) – undertakings (vehicle to be kept fit and serviceable, driver defect reporting, complete maintenance records, drivers’ hours and tachographs).
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in the absence of financial evidence, to record an adverse decision under section 26(1)(h) – material change.
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to revoke the operator’s licence due to an absence of financial standing, under section 27(1)(a).
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Graham Day role was called separately to consider his repute as Transport Manager. Based on the above evidence I was satisfied that he failed to exercise effective and continuous management as required under Schedule 3. I would have very serious concerns as to his ability to do so in future and therefore recorded an adverse decision under section 27(1)(b) and disqualified him from relying on his Certificate of Professional Competence for an indefinite time, subject to Schedule 3, paragraph 17. His disqualification as a director is referred to below. The operator was therefore without a Transport Manager, requiring revocation under section 27(1)(a).
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Michael Day’s vocational entitlement is now revoked and his disqualified from holding such entitlement for an indeterminate period.