Decision for NHB Transport Ltd – OF1115956 and Harmandeep Bajwa – Transport Manager
The Traffic Commissioner for Eastern England's written decision for NHB Transport Ltd – OF1115956 and Harmandeep Bajwa – Transport Manager
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The Traffic Commissioner for Eastern England decided:
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to record adverse decisions under the following sections; 26(1)(b) – condition to notify changes in management and the ability of the Transport Manager to meet Schedule 3; 26(1)(c)(iii) – single prohibition, 26(1)(f) – undertakings (vehicle to be kept fit and serviceable, driver defect reporting, complete maintenance records, drivers’ hours and tachographs), 26(1)(h) – material change in finance and the position of the Transport Manager.
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the operator failed to provide admissible evidence against which financial standing could be confirmed. I was told that all vehicles had been removed with the intention of winding up the business. An adverse finding was recorded under section 27(1)(a).
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loss of repute recorded under section 27(1)(a).
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licence revoked from 23:45 on the day of the hearing. In line with the approach described in the Senior Traffic Commissioner’s Statutory Document No. 10, I disqualified the operator from holding or seeking an operator’s licence for a period of three years.
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noting that Mr Baljit Bajwa was not involved in the management decisions, I issued a warning that he should not remain named as a director if not meeting those statutory duties.
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Harmandeep Bajwa attended a Transport Manager CPC refresher course in December 2021 had failed to prevent the circumstances above and that even at the date of the Public Inquiry he had failed to ensure compliance. In those circumstances I was satisfied that I should make that finding against his repute under section 27(1)(b) and prevent him from relying on his Certificate of Professional Competence. Mr Bajwa communicated that he has no intention to rely on the Certificate, in the near future. If he wishes to do so in future, it will be open to him to make an application under Schedule 3 to vary this direction, at which point he will need to satisfy a commissioner that he is capable of discharging the statutory duty. I determined that disqualification was not necessary in the circumstances of this case, but he received a strongly worded warning as to his conduct as a director.