Decision

Decision for PB Utility Services Ltd OD1145573

Published 28 May 2021

1. DECISION OF THE TRAFFIC COMMISSIONER

1.1 Operator: PB Utility Services Ltd OD1145573

2. Decision

Restricted licence OD1145573 held by PB Utility Services Ltd is revoked with immediate effect pursuant to Section 26(1)(a) and (f) of the Goods Vehicles (Licensing of Operators) Act 1995.

PB Utility Services Ltd and company director Philip Burnside are disqualified indefinitely from holding or obtaining any type of operator’s licence in any traffic area and (in Mr Burnside’s case) from being the director of any company holding or obtaining such a licence, pursuant to section 28 (1), (4) and (5) of the 1995 Act.

3. Background

PB Utility Services Ltd has held a restricted goods vehicle licence OD1145573, authorising three vehicles, since July 2016. The sole director of the company is Philip Burnside.

On 26 November 2020, the operator’s 7.5 tonne vehicle AV61 HHL was stopped by DVSA. The vehicle was carrying metal cabinets and various tools and equipment. It was drawing a trailer. Traffic examiner Anita Barwell found the following issues:

i) the vehicle was not specified on the licence (although a sufficient margin existed);

ii) the vehicle’s load had no securing of any kind;

iii) although the journey was in scope of EU drivers’ hours rules, the driver (director Philip Burnside) was not using a digital tachograph card, indeed he did not possess one;

iv) Mr Burnside also lacked the required driver CPC to drive the vehicle;

v) the trailer had no rear registration plate;

vi) one of the trailer’s indicators was not working;

vii) the trailer’s tyres had an inadequate rating for the load being carried.

Mr Burnside was issued with five fixed penalties and subsequently received three points on his licence for the offence of driving without due care and attention.

Further inquiries by Ms Barwell revealed that the company had not been using its authorised operating centre in Cannock for a considerable period and seemed now to be based in Yorkshire and/or Teeside, in the North Eastern Traffic Area.

4. Public inquiry

Concerned by this report, I called the company to a public inquiry, to be held on MS Teams on 22 April 2021. I also called Philip Burnside to a parallel hearing to consider his conduct as a driver.

Mr Burnside responded to the call-up letter saying that he no longer needed an operator’s licence and wished to surrender it. He would not therefore be attending the inquiry. My clerk drew his attention to the possibility of disqualification if he failed to attend, and to the need to attend the driver conduct hearing.

Mr Burnside has not attended the public inquiry or driver conduct hearing today. I have therefore made findings and reached a decision in his absence based on the evidence available.

5. Findings

The company has used an unauthorised operating centre (Section 26(1)(a) of the 1995 Act refers). The landlord of the authorised operating centre in Cannock confirmed to DVSA that PB Utility Services Ltd had not parked its vehicles there since at least May 2019.

The company has failed to fulfil its undertaking to ensure the lawful driving and operation of vehicles. The vehicle was being driven by a driver who lacked the required driver CPC (Section 26(1)(f) of the 1995 Act refers). The vehicle’s load was entirely unsecured and constituted a danger to other road users. The trailer’s tyres were woefully inadequate to support the weight of the load on the trailer. The trailer was not displaying the required registration number.

The company has failed to fulfil its undertaking to ensure that drivers’ hours rules are observed. Mr Burnside was not using a tachograph when stopped; nor did he actually possess one.

The company has failed to fulfil its undertaking to keep vehicles fit and serviceable. The trailer’s offside indicator was not working.

6. Conclusion and decision

Philip Burnside clearly has little regard for road safety or the law. Rather than accept the proffered surrender of the licence I have decided to revoke it with immediate effect, owing to the manifold and serious shortcomings and illegalities detected by DVSA at the vehicle stop. Mr Burnside’s failure to attend the inquiry has prevented him from presenting any mitigating arguments.

I have also considered whether the company and Mr Burnside should be disqualified under Section 28 from holding a licence in the future. Because of the range and seriousness of the non-compliance found at just this one stop, I have decided to do so. I am disqualifying both the company and Mr Burnside for an indefinite period. However, Mr Burnside may request a hearing before a traffic commissioner if he wishes to argue that the disqualification be time-limited or cancelled.

Nicholas Denton

Traffic Commissioner

22 April 2021