Decision for Mukhtar Ahmed (PB2004796 and PB2052599)
The Deputy Traffic Commissioner for North East England's written decision for Mukhtar Ahmed PB2004796 and PB2052599 and as Transport Manager
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The Deputy Traffic Commissioner for North East England decided:
The Operator
- The Operator’s Restricted Public Service Vehicle (“PSV”) Operator’s Licence is REVOKED with immediate effect using the discretion afforded to me under Section 17(2) of the Act, having found that the following grounds specified in Section 17(3) of the Act are made out from the evidence accepted and adopted by me and determined that it is appropriate and proportionate to do so: -
Section 17 (3) (aa) – The following undertaking has not been fulfilled:
- to have appropriate arrangements in place to ensure that the laws relating to the driving and operation of vehicles used under the licence would be observed;
Section 17 (3) (d) - in the case of a restricted licence, that the holder no longer satisfies the requirements of section 14ZB (a) of the Act. The requirement of this section is that the traffic commissioner is satisfied that the applicant is of good repute (as determined in accordance with paragraph 1 of Schedule 3);
Section 17 (3) (e) - that there has been since the licence was granted a material change in any of the circumstances of the holder of the licence which were relevant to the issue of his licence, in this case:
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The foregoing;
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The operation, with the knowledge and consent of the Operator, of PSV vehicle LF60 XHN between (at least) 21 October 2021 and 22 January 2022 by Mr Tahir Mahmood, trading as Skyline Taxis whilst displaying a disc issued to the Operator under this licence. Put another way, the ‘lending’ by the Operator of the disc issued under this licence to Mr Tahir Mahmood, trading as Skyline Taxis;
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The Operator’s failure to be appropriately clear, forthcoming, and honest with DVSA and the Office of the Traffic Commissioner between 31 January 2020 and 1 April 2022 during the course of investigations into his ‘main occupation’ and his ownership of a vehicle for the purpose of operations under his licence and the use of that vehicle.
The Applicant
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The application made by the Applicant for a Standard National PSV operator’s Licence authorising the operation of up to one vehicle is REFUSED as the Applicant has not discharged the evidential burden on him to satisfy me that: -
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he is of good repute for the purposes of section 14ZA (2)(a) and Schedule 3 of the Act; and
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he satisfies the requirements of professional competence as an operator, having himself as the nominated transport manager for the application.
The Transport Manager
I have found that the Transport Manager is not of the appropriate good repute and professional competence to satisfy the Applicant’s requirements of professional competence for this application. As he is not an appointed transport manager on any operator’s licence at the date of my decision, I have no power to disqualify him from acting as a transport manager on an operator’s licence, such that he remains at liberty to apply to the Traffic Commissioner to act as a transport manager. He will, however, need to satisfy the Traffic Commissioner upon any future application to act as the transport manager on an operator’s licence that he is of the appropriate good repute and professional competence at that time.