Decision

Decision for Mill Farm Agricultural and Ethan George Arnold

Published 24 November 2022

1. DECISION OF THE TRAFFIC COMMISSIONER FOR THE NORTH EAST OF ENGLAND

1.1 In the matter of the Goods Vehicles (Licensing of Operators) Act 1995 (The Act)

1.2 Public Inquiry, Office of the Traffic Commissioner, Leeds

2. Before Deputy Traffic Commissioner, Fiona A Harrington

3. MILL FARM AGRICULTURE LIMITED (‘the Operator’) OB2022583

3.1 -and-

4. ETHAN GEORGE ARNOLD (‘the Transport Manager’)

4.1 Goods Vehicle (Licensing of Operators) Act 1995 (as amended)

4.2 Public Inquiry held at Hillcrest House, Leeds on 6 July 2022 at 10.00am

5. Summary of the reasons for the decisions

The Operator was issued a Standard National Goods Vehicle Operator’s Licence authorising the operation of up to 5 vehicles and 3 trailers with effect from 13 June 2019. Mr. Ethan George Arnold has been the nominated transport manager for the licence since 10 November 2021.

The Operator is closely linked to another company holding a Goods Vehicle Operator’s Licence, EA Industries Limited. Following an unsatisfactory DVSA VE maintenance investigation in relation to that linked Operator in September 2021, a follow up DVSA VE and TE compliance investigation was commenced for the Operator in January 2022 Having considered the Operator’s responses to the shortcomings identified and advice given, the DVSA VE marked his report as ‘Unsatisfactory’. The TE marked his visit report as ‘mostly satisfactory.’

The linked operator EA Industries Limited attended a Public Inquiry before the Traffic Commissioner on 1 March 2022 as a consequence of the September 2021 DVSA investigation findings. The Traffic Commissioner curtailed that licence authority to 2 vehicles indefinitely and gave the transport manager, also the Transport Manager on this licence, a formal warning noting that his good repute was tarnished. Various undertakings were also attached to the licence, covering transport consultancy support, internal tachograph analysis and external maintenance and an independent audit by 31 August 2022. Appropriate arrangements to comply with the first three undertakings were demonstrated to the satisfaction of the Traffic Commissioner on 25 March 2022.

The Operator was called to Public Inquiry by a call up letter dated 30 May 2022 sent by the Office of the Traffic Commissioner for the North East (NE) of England (‘OTC’). A further letter was sent by the OTC to the Operator dated 30 June 2022 setting out additional matters to be considered at the Public Inquiry. This related to analysis of the tachograph data provided by the Operator for the Public Inquiry.

The Public Inquiry took place before me on 6 July 2022 at the OTC, Leeds. The Operator attended acting by one of its two directors Mr. Shane Arnold, and the Transport Manager Mr. Ethan Arnold. At the end of the Inquiry the following decision was issued.

The Operator’s application made at this Inquiry to reduce the authority under this licence from 5 vehicles and 3 trailers to 3 vehicles and 2 trailers is granted with immediate effect with a decision on all other matters in relation to the Operator and the Transport Manager reserved to me with the following direction:

The Operator shall supply the following so that this is received by OTC NE Leeds within no more than 28 days of today’s Public Inquiry hearing:

• Original or bank stamped and certified bank statements for all accounts in the name of the limited company for the month of July 2022 which shall include deposits of sufficient funds to produce as an average the available sum of not less than £17000 over the previous 28 days, calculated in accordance with STC Statutory Document no 2 on finance.

• Its letter to its nominated maintainer, Hutchisons, and details of all actions taken with and by them, concerning the shortcomings in the timely provision of and proper completion and ‘sign off’ of safety inspection records for specified vehicles as sampled by Deputy Traffic Commissioner Harrington at Public Inquiry:

• YW65 LRU 13/6/22

• DN65 YNJ 17/6/22

• AV17 UXA 31/3/22

• AV17 UXA 12/5/22

• Details from Hutchisons of the actions taken by them for the power steering fault reported by them on 12 May 2022 as requiring immediate action. When was the vehicle returned to the customer after the 12/5/22 inspection and when was the remedial work undertaken to return the vehicle to a roadworthy condition, cross referenced to dates given on the invoice of 18 to 20 May 2022?

• Taking into account the response to 3 above, the Operator’s response to the apparent use of vehicle AV17 UXA between 12 May 2022 and 18 May 2022.

• Details of the person, qualified to act as a Transport Manager for a standard national licence (who has no adverse compliance history with the Traffic Commissioner and who has completed a Transport Manager CPC refresher training course of not less than 2 days duration in the past 5 years ( or undertakes to complete this in the next 2 months)), who the Operator has engaged /is to engage to visit the Operating Centre to assist the Operator and nominated Transport Manager with the compliance with licence undertakings, for not less than 3 hours each week.

The Operator provided its response to the directions with supporting documentation within the required period. Having considered the responses, I issued the following direction to the OTC which was then communicated to the Operator:

• Please respond to the Operator advising it that financial standing has still not been demonstrated to my satisfaction following the Inquiry as an average over the month of July as required by the direction at the close of the PI. I note the deposits made however and grant a Period of Grace from the requirements of financial standing to 15 September 2022 with a requirement that the bank statements in the name of the company for August 2022 are sent so that they are received by OTC NE Leeds by no later than 14 September 2022.

• The contract with the new replacement maintainer is outstanding and needs to be provided (give the Operator 14 days from the date of your letter for OTC to receive this).

• The contract provided with Prompt provides for no payment and does not provide the service required by the direction given. A contract still needs to be supplied for the following, (give the Operator 14 days from the date of your letter for OTC to receive this):

• Details of the person, qualified to act as a Transport Manager for a Standard National licence (who has no adverse compliance history with the Traffic Commissioner and who has completed a Transport Manager CPC refresher training course of not less than 2 days duration in the past 5 years (or undertakes to complete this in the next 2 months)), who the Operator has engaged / is to engage to visit the Operating Centre to assist the Operator and nominated Transport Manager with the compliance with licence undertakings, for not less than 3 hours each week.”

The Operator’s response to the foregoing was received within the timeframe provided and subsequently forwarded to me. I apologise for the delay in considering the further information supplied and then proceeding to make and record this decision due to prior commitments and an extended period of ill health. From the further documentation I note and find as follows.

The further evidence on finance has been considered and addressed in my decision with a further Period of Grace from the requirements of financial standing as ordered above.

The maintainer for safety inspections for licence compliance purposes has been changed to IDR Services, NG24 3DW. The Operator is reminded to ensure its licence record is updated online to reflect this change.

Mr. Wayne Barrett the holder of the Transport Manager CPC qualification in goods Transport since 2019 has been engaged by the Operator to provide Transport Manager services for 3 to 5 hours each week under a contract for services dated 14 September 2022. I have in making this decision accepted that Mr. Barratt’s engagement to carry out the duties as set out in the contract of 14 September 2022, from that time, to comply with the requirements of the undertakings attached to the licence on 6 July 2022 for consultancy support and notification of changes in such arrangements. I also note that he has been nominated to act as the second nominated Transport Manager for this licence.

Having carried out my balancing exercise on the evidence as at the date of this decision, I have ordered as above.

Fiona Harrington

14 November 2022