Decision for Mill Farm Agricultural and Ethan George Arnold
Written decision of the Deputy Traffic Commissioner for the North East of England for Mill Farm Agricultural and Ethan George Arnold, Transport Manager
Documents
Details
Decision
Relying on, the further undertakings set out in paragraph 2 below, and the Operator’s application, granted by me on 6 July 2022, to reduce its licence authorisation to 3 vehicles and 2 trailers, and accepting the evidence given by each of the Operator and Transport Manager at Public Inquiry and following the Inquiry in response to the directions given at the end of the Public Inquiry hearing on 6 July (as well as the response to the further directions issued relating to the information and documentation supplied):
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The Operator is issued with the strongest possible FORMAL WARNING concerning the serious shortcomings found on investigation in January 2022 by DVSA Vehicle Examiner (VE) Paul Russell and DVSA Traffic Examiner (TE) Ricky Youd and for its breach of the requirements of financial standing in its company name for its licence found at the date of Public Inquiry. I am satisfied that further funds have since been invested into the company in accordance with the assurances given at Inquiry and financial standing has been demonstrated when assessed over a period of 28 days on the latest statements supplied to the Traffic Commissioner. As financial standing was not fully shown over the 3 month period ending with that last 28 day period, I have provided for a further Period of Grace below.
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The Transport Manager is also issued with the strongest possible FORMAL WARNING concerning the DVSA findings above which I find demonstrate that he failed to exercise the continuous and effective management of the transport activities of the Operator required of him such that, having regard to his other compliance history, I now find his repute is now severely tarnished. I find that his repute is not lost at this time having regard to the applications since made to regularise the oversight concerning this licence’s Operating Centres (shared with the closely linked licence held by EA Industries Limited OB 2038100) and the overall improvements in compliance systems and records since made.
The Operator should be in no doubt that the evidence before me supported the following grounds for me to take regulatory action under section 26 (1) of the Act and if the application to vary the licence had not been made and granted before this decision, to reduce authorisation from 5 vehicles and 3 trailers to the current authorisation of 3 vehicles and 2 trailers, I would have been otherwise minded to order the licence authorisation be curtailed to that level of authorisation :
Section 26 (1) (a) – use of unauthorised Operating Centre
Section 26 (1) (f)- breach of the undertakings to have appropriate arrangements in place to:
-keep the vehicles and trailers used under this licence fit and serviceable
-ensure that drivers promptly report defects or symptoms of defects that could prevent the safe operation of vehicles and/or trailers and that any defects are promptly recorded in writing
-ensure retention for 15 months of all driver defect reports, safety inspections and routine maintenance of vehicles and/or trailers and make these available on request
Section 26 (1) (h)- the foregoing and the changes in the financial standing of the company for licence purposes.
The Operator undertakes that it shall;
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Provide documentary evidence so that this is received by Office of the Traffic commissioner, Leeds by no later than 28 February 2023 to demonstrate that it meets the requirements of financial standing over the 3 month period ending 31 January 2023 assessed in accordance with Senior Traffic Commissioner (STC) Statutory Document number 2 on finance, to include original or bank certified bank statements for all accounts in the name of the company for the months of November and December 2022 and January 2023.
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The Operator shall ensure an independent audit of all its systems and records to comply with the requirements of this licence, and the effectiveness of these, is completed (for the period from 1 September 2022 to the date of audit) by no later than 30 April 2023 by a trade association (RHA/UK Logistics), or a similar body or transport consultant/solicitor experienced in undertaking and reporting on such audits to be supplied to the Traffic Commissioner. The audit shall include consideration of the matters set out in the attached Annex. The Operator shall send an unedited copy of the audit report, together with its written proposals and timetable to implement any recommendations made by the auditor, so that this is received by the Office of the Traffic commissioner, Leeds, without reminder, by the earlier of 14 days from its receipt of the audit report from the auditor and 14 May 2023.
A Period of Grace is granted to the Operator from the requirements of financial standing to 31 January 2023. If financial standing is not demonstrated to the satisfaction of the Traffic Commissioner to have been met by that date, by the evidence supplied pursuant to the undertaking above, and a further Period of Grace is not applied for and granted, than this licence shall be revoked.
The arrangements which the Operator has now put in place to support its licence compliance, for transport consultancy support, external maintenance with appropriate brake testing and records to meet the guidance in the DVSA Guide to maintaining roadworthiness, and external vehicle and driver tachograph data analysis and reports, have been relied on in making this decision and any changes to those arrangements shall be material changes which must be notified to the Traffic Commissioner in accordance with its licence obligation to notify material changes.