Decision for Orion Travel Coaches Ltd (PC1088617) & former TM: Nitin Radia & Manchester Breakdown Services Ltd (OC1106525) & former TM: John Shepherd
The Traffic Commissioner for North West England's written decision for Orion Travel Coaches Ltd (PC1088617) & former TM: Nitin Radia & Manchester Breakdown Services Ltd (OC1106525) & former TM: John Shepherd
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Details
The Traffic Commissioner for North West England decided:
ORION TRAVEL COACHES LIMITED & TRANSPORT MANAGER RADIA
DECISION
On findings in accordance with Sections 17(3)(aa) and 17(3)(e) of the Public Passenger Vehicles Act 1981 and Article 4.1(a) of EU Regulation 1071/2009
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A condition is attached to the standard international operator’s licence of Orion Travel Coaches Limited PC1088617 limiting the number of authorised vehicles from 18 vehicles to 12 vehicles for 7 days from 23:45 hours on Friday 17 February 2023 until 23:45 hours on Friday 24 February 2023.
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A formal warning is recorded against former Transport Manager Nitin Radia. His good repute shall be marked tarnished but not lost.
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The following undertakings offered by Orion Travel Coaches Limited shall be recorded on the licence:
i. Orion Travel Coaches Limited will arrange an independent audit to be carried out by the RHA, Logistics UK or other suitable independent body in June 2023. The audit will assess the systems for complying with maintenance and drivers’ hours requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements in the attached annex. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner at Golborne within 14 days of the date the operator receives it from the auditor and by no later than 31 July 2023.
ii. By 31 March 2023 Gerard Queenan and Leigh Mitchell will attend, in person, an operator licence management course of at least one day in duration, run by either:
- a trade association (Logistics UK/RHA/BAR/CPT),
- a professional body (IoTA/CILT/SOE/IRTE),
- a JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in passenger transport, or,
- a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
A copy of the certificate of attendance will be sent to the Office of the Traffic Commissioner at Golborne within seven days of the course taking place and by no later than 30 April 2023.
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4. A statement of intent by Orion Travel Coaches Limited is recorded that any MoT test failure will be fully investigated, and the findings recorded in writing and retained for 15 months. Any such finding will be provided to the transport consultant instructed to complete the audit.
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5. The following undertaking offered by Transport Manager Nitin Radia shall be recorded on his record:
By 31 March 2023 Nitin Radia will either:
- attend in person a two-day transport manager CPC refresher course; or
- participate in a virtual online two-day transport manager CPC refresher course.
Courses must be run by one of the following bodies:
- a trade association (Logistics UK/RHA/BAR/CPT);
- a professional body (IoTA/CILT/SOE/IRTE).
- an exam centre approved by an accredited body to offer the transport manager CPC qualification in passenger transport, or
- a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
Virtual online courses must satisfy the criteria for such courses established by the traffic commissioners. Whether attending in person or participating in an online course, proof of attendance must be submitted by e-mail to the Office of the Traffic Commissioner at Golborne within seven days of the course taking place and by no later than 30 April 2023.
MANCHESTER BREAKDOWN SERVICES LIMITED & TM SHEPHERD
DECISION
On findings pursuant to 26(1)(a) and 26(1)(e) of the Goods Vehicles (Licensing of Operators) Act 1995
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The operator’s licence of Manchester Breakdown Services Limited is curtailed from 3 vehicles to 2 vehicles with effect from 23:45 hours on Friday 20 January 2023 for a period of 7 days ending at 23:45 hours on Friday 27 January 2023.
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The good repute of transport manager John Shepherd is lost, pursuant to Schedule 3 of the 1995 Act. Under paragraph 16 of that Schedule, he is disqualified from acting as a transport manager on any operator’s licence with effect from 20 December 2022 for 12 months until 20 December 2023.
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The following undertakings offered by Manchester Breakdown Services Limited shall be recorded on the licence:
i. Manchester Breakdown Services Limited will arrange an independent audit to be carried out by the RHA, Logistics UK or other suitable independent body in June 2023. The audit will assess the systems for complying with maintenance and drivers’ hours requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements in the attached annex. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner at Golborne within 14 days of the date the operator receives it from the auditor and by no later than 31 July 2023.
ii. By 31 March 2023 Gerard Queenan and Scott Evans will attend, in person, an operator licence management course of at least one day in duration, run by either:
- a trade association (Logistics UK/RHA/BAR/CPT),
- a professional body (IoTA/CILT/SOE/IRTE),
- a JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in goods transport, or,
- a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
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4. A statement of intent by Manchester Breakdown Services Limited is recorded that workshop manager Ken Fraser will seek IRTE accreditation by 31 July 2023. Written evidence of his accreditation should be sent to the Office of the Traffic Commissioner at Golborne within 14 days of the date received and by no later than 30 August 2023.