Decision

Decision for Perretts Metal Recycling Ltd

Published 11 June 2024

0.1 IN THE EASTERN TRAFFIC AREA

1. PERRETTS METAL RECYCLING LTD – OF1128743

2. TRAFFIC COMMISSIONER’S DECISION

3. Background

Perretts Metal Recycling Ltd holds a Restricted Goods Vehicle Operator’s Licence authorising 5 vehicles only. The Directors are Antony Joseph Henry Perrett and Linda Margaret Perrett.

There was one Operating Centre listed, at Unit 5 Southfield Avenue, Northampton NN4 8AQ. Preventative Maintenance Inspections are said to be carried out by at Wreford Transport Ltd at 13-weekly intervals. On 7 February 2024 I received communications suggesting that Skinner Commercials Ltd would act. In evidence I was told that the operator meant to record 8 weekly inspections by Skinner Commercials Ltd or Brian Curries (Daf).

The operator provided evidence of a Transport Manager CPC refresher course booking for Stuart White to be undertaken on 19-20 March 2024 with J Coates (HGV Services) Ltd.

4. Hearing

The Public Inquiry was listed for 18 March 2024, in Tribunal Room 1 of the Office of the Traffic Commissioner in Cambridge. The operator was present in the form of Anthony Perrett, Director, accompanied by Stuart White.

5. Issues

The public inquiry was called at the request of the operators and following notice that I was considering grounds to intervene in respect of this licence and specifically by reference to the following sections of the Goods Vehicle (Licensing of Operators) Act:

• 26(1)(a) – operating from an unauthorised Operating Centre.

• 26(1)(b) – breach of condition to notify relevant changes including maintenance arrangements.

• 26(1)(c)(iii) – prohibitions (age 113).

• 26(1)(e) – statements that vehicles would be inspected at the 13-week intervals; as to where vehicles would normally be kept, when not in use; that Preventative Maintenance Inspections would be carried out by Wreford Transport Ltd; and to abide by any conditions.

• 26(1)(f) – undertakings (vehicles to be kept fit and serviceable; to employ an effective, written driver defect reporting system, with the addition of full maintenance records, driver’s hours, and tachographs).

• 26(1)(h) – material change: in Operating Centre, may not meet the requirement to have sufficient financial resources to support maintenance, that the operator be fit to hold an operator’s licence.

• 28 – Disqualification.

The operator was directed to lodge evidence in support by 21 February 2024, including financial, maintenance and other compliance documentation. Financial evidence appeared to disclose sufficient funds.

6. Summary of Evidence

On 6 November 2023, vehicle HX07 KGV was involved in a road traffic accident in Northampton. On 7 November 2023, Traffic Examiner, Darren Lewis, and Vehicle Examiner, Glen Winn, commenced driver and maintenance-related inquiries following concerns raised by the police regarding the condition of the above vehicle.

Mr Lewis’s report (page 95) identified that:

• there had been no formal training for new drivers.

• driving licences were only checked once a year.

• there was no evidence of any printouts made by drivers for the period examined; Vehicle Units were last downloaded on 5 October 2022, indicating 398 and 399 days since the previous downloads.

• there was no evidence of infringement management or formal disciplinary procedures in place.

• 2 recent calibrations had not been recorded on the planner.

In addition, at the time of visit, two of the operator’s vehicles were parked outside the Operating Centre (OC) and a third parked within a workshop area raising concerns about where vehicles were kept when not in use. Mr Lewis concluded that there were only basic systems for monitoring drivers’ hours. Mr Perrett confirmed a lack of recent training, with the management apparently delegated to employees: Jackie Harrison and Stuart White. The operator’s response indicated that a machine had been moved to provide more parking, and “adjacent to our site we have parking available on the front of the adjoining warehouse” and the intended use of only 3 vehicles.

Mr Winn’s report identified:

• missing Preventative Maintenance Inspection records.

• extended Preventative Maintenance Inspection intervals, inadequate planning, and management, no Vehicle Off-Road or recall systems (despite sent by the manufacturer).

• ineffective driver defect reporting system, with no system in place to assess and repair defects. The Examiner referred to tyre damage and defective lights found during inspections.

• the nominated maintenance contractor had not been used since 2018.

• poor annual test failure rate (21.05%).

• no vehicle emission system in place.

• no wheel and tyre management systems in place.

• no formal load security training to drivers.

Mr Winn also referred to the prohibition notices, with 2 S-marked notices issued on 7 November 2023 to vehicle registration: HX07 KGV for ‘anti-roll bar linkage fractured and likely to affect steering’, (which he stated could have been a contributory factor in the incident) and ‘deep cut in tyre and cord or cords are exposed’.

Both Examiners expressed concern at the standard of management.

The operator responded separately to each Examiner (pages 84 and 107). In summary, the operator gave assurances that:

• employees would receive appropriate training,

• drivers had recently received a toolbox talk given on load security, driving licences would be checked quarterly,

• driver card downloads would be conducted at least once a fortnight,

• all driver infringements will be investigated,

• to undertake a Transport Manager refresher course,

• safety defect recalls would be conducted every 3 months.

• tyre pressures would be checked monthly.

• to only employ new drivers who have previous experience in the recycling industry and to then provide appropriate training or a driver competence test will be conducted.

Mr Winn provided a valuable supplementary report by way of update on 20 February 2024, based on a review of records covering the last six months, including inspection records for all specified vehicles, brake test reports, forward planner, wheel removal and re-torque records, driver defect reports. He provided me with the following observations:

• Preventative Maintenance Inspection records for LN67 SXW: no brake test recorded for 25 January 2024, BU13 MYN: specified 13 October 2023, but only two inspection records provided: 14 December 2023 and 2 February 2024.

• Brake tests results are transposed on to some inspection records, but no detail as to whether they were laden or not.

• Wheel tightening torque records shows that a tyre on KY59 OPF had been replaced and that there was a retorque. However no ‘in service’ checks recorded.

• The driver defect report noted on 9 November 2023 that the ABS light was illuminated with intermittent operation on LN67 SXW. It was subsequently reported on 3 following occasions, but not rectified until 7 December 2023.

• LN67 SXW reported on 4 and 5 December 2023 for ABS and tyres worn low on tread. This was reported as rectified 8 December 2023 with 4 tyres fitted. The lowest tread recorded was 4.0mm and 3 tyres at 6mm. The tyre fitter’s job sheet refers to damage which was not recorded elsewhere and no retorque was recorded.

• Vehicle KT67 OPR defect records show a rip in the load net over 23 days.

Mr Winn observed that the forward planner appeared to be satisfactory, although it was only supplied in photograph format, making writing illegible.

I referred to the update statement of Traffic Examiner, Mr Lewis, dated 20 February 2024. He refers to the joint visit on 7 November 2023, accompanied by Vehicle Examiner, Glenn Winn. They met Anthony Perret, who was assisted by Jackie Harrison. It was suggested that transport compliance had been delegated to Jackie Harrison and Stuart White. The operator supplied documents in order to meet the Case Management Directions on 9 February 2024:

• A gov.uk driving licence check record in pdf format for Mr. Mark Anderson dated 22 October 2022.

• A gov.uk driving licence check record in pdf format for Mr. Mark Harris dated 7 November 2023.

• Driver infringement reports for the period 1 August 2023 to 7 February 2024 inclusive.

• Missing mileage reports for all vehicles for the period 7 November 2023 to 9 February 2024 inclusive.

• Copy of Road Haulage Transport Manager CPC Refresher/Compliance course booking for Stuart White.

• Copy of a Toolbox Talk carried out (load security).

• Copy of a document relating to driving without tacho card signed by M Harris.

Mr Lewis restricted his observations to documents produced after the date of his visit. He advised that driving licences of all drivers and other employees who drive heavy goods vehicles on behalf of the company should be checked using a suitable system such as the gov.uk licence check at a maximum of 3-monthly intervals. Records of the date of such checks should be made to ensure that the maximum period for undertaking checks is not exceeded. The operator’s pdf file downloaded from the gov.uk licence check system for drivers:

• Harris (dated 7 November 2023), belatedly there was evidence of a further licence check on 7 February 2024.

• Anderson (dated 22 October 2022). He left that employment on 1 September 2023.

• Stuart White undertakes minor vehicle repairs and is required to move vehicles in and out of the workshop area which would require driving the vehicles on a public road albeit for very short distances, but no driving licence check was produced.

The operator provided infringement reports for the requested period using TachoSafe compliance software. For the period 7 November 2023 to 7 February 2024 the reports provided by the operator indicate: 2 infringements for Driver Harris of exceeding 4 hours 30 minutes driving (less than 15-minute excess). The infringements occurred on 31 October 2023 and 24 January 2024. Both infringement reports were found to have been produced within a reasonable timescale and contain records of discussion with the driver to establish the cause, attributed to miscalculation of a break period and driver error. The operator was said to have provided sufficient evidence to show that driver card records are now downloaded and analysed in a timely manner, and any infringements are discussed with the driver and fully documented. The operator also provided missing mileage reports for the period 7 November 2023 to 7 February 2024, again generated by the TachoSafe analysis software. The reports show what appeared to be the start and finish times of the vehicle movements but did not record a distance. The operator appears to have attributed all driving without a card to ‘vehicle movements’ which is not sufficient. There was no evidence of any disciplinary action.

Mr Lewis assessed the raw vehicle data for the specified vehicles for the period 7 November 2023 to 7 February 2024, and raw driver data for the sole driver Mark Harris for the same period. He confirmed that all driver cards were now being downloaded well within the maximum 28-day period and vehicle units within the maximum 90-day period. Initial analysis suggested 2 offences of exceeding 4 hours 30 minutes driving limit. Detailed analysis indicated that Driver Harris used multiple vehicles during the working day but did not make complete records of his duty periods or daily rest periods as required. Mr Lewis referred to numerous occasions where he had failed to make a manual entry to cover periods when his driver card has not been inserted in any tachograph. This was a repeated issue from Mr Lewis’s report of 9 November 2023. Mr Lewis discounted driver inexperience as the cause. His analysis also identified multiple instances of vehicles being driven without a card, although the majority were for short periods and for less than 1 kilometre. However, there were 4 occasions of driving without a valid card inserted that could not be attributed to vehicle movements in and around the operating centre for the purpose of loading or unloading vehicles or minor repairs within the workshop:

• KT67 OPR - 16 November 2023, between 09:26 and 14:10 (21 minutes over 13.7 km). Driver Harris was driving but no explanation was provided.

• KT67 OPF - 16 November 2023, between 10:03 and 10:29 (21 minutes over 7.3 km). Driver Harris card not inserted into any other vehicle but attributed to ‘vehicle movements’. The operator assumes that Driver Harris did not insert his driver card prior to driving the vehicle, but no breach of drivers’ hours but he has failed to keep a record.

• BU13 MYN – 5 December 2023, between 07:48 and 08:04 (16 minutes over 5 km). Driven without a valid card, and Driver Harris’s driver card was not inserted in any recording equipment, attributed to ‘vehicle movements’.

• KT67 OPR - 2 January 2024, between 08:01 and 08:35 (25 minutes over 12.2 km) Driven without a valid card, and Driver Harris’s driver card was not inserted in any recording equipment, attributed to ‘vehicle movements’. It is possible that this period of driving was undertaken by driver HARRIS. The operator assumes that Driver Harris did not insert his driver card prior to driving the vehicle, but no breach of drivers’ hours but he has failed to keep a record.

In evidence Mr White told me that records showed the vehicle to be with Skinners on 26 November 2023. This only went to illustrate the need for proper infringement and missing mileage investigation.

In summary, the operator provided evidence of a driving licence check on 7 November 2023, with no follow-up and no evidence of a check for Stuart White. Mr White is booked to attend a Transport Manager CPC refresher course, but no evidence of training for the Directors. The infringement reports showed evidence of investigation and were signed off by both driver and manager. Analysis of drivers’ records was limited to infringements and needs to be expanded. The missing mileage did not correspond with the Examiner’s analysis. The operator needs to consult the provider and investigate tolerances. There was no evidence of any disciplinary action against drivers or managers was provided by the operator, other than those infringement reports as detailed above. The operator had made some improvement these procedures are not wholly effective in that the operator has failed to identify Driver Harris’s incomplete records, and the four occasions of driving without a valid card.

A further email of 15 March 2024 from the operator then provided:

• LN67 SZW – inspection dated 3 August 2023 with brake test results, but 43%, 17%, 20% (no printout). It also records defective front lamps and outline marker lamps and offside top marker lamp; 30 November 2023 – inspection with brake test results, but 37%, 12%, 20% (no printout). It also records defective side and rear reflectors and low tread on rear outer tyre, offside 3rd axle outer and nearside 3rd axle inner; 25 January 2024 – inspection but brake tests marked “N/A”. It also records axle1 nearside inner tyres worn on outer edge.

• An invoice dated 11 December 2023 from Goodyear referring to the replacement of 4 tyres. This appears to follow 2 x driver defect reports for 4 and 5 December 2023 referring to damaged rear marker on LN67 SXW and offside 3rd axle outer tyre, offside 4th axle outer tyre and nearside 4th axle both tyres all at low tread. Both reports are marked as “booked in to be fixed” but the photocopy of 4 December 2023 has been annotated in read pen suggesting that the ABS light on the dash may have been rectified by Skinner Commercials (no dates), the rear marker tape was renewed “1/2124”; 3rd and 4th axle tyres were addressed “08/12/24”.

• However, the photocopy of a diary shows an entry for 7 December 2023 with LN67 SXW to be dropped off at Nathan’s (Skinner) for repairs to the ABS with a new sensor to be fitted on the nearside 2nd axle and then returned. This is attached to the driver defect report for 4 December 2023. The diary entry for 22 November is attached to a driver defect report for the same dated referring to the ABS fault and rear marker tape. The defect is recorded for Sinners to check (no date recorded). The same defects were reported on 9 and 10 November 2023. The diary entry for 10 November 2023 noted that the light had gone off.

• I was provided with further examples of where driver defect reports had been acted on more promptly where the reports were attached to job sheets but the loose offside spray suppression and bolts, first reported on 1 February 2024, where not rectified until 6 February 2024, with an increase on the odometer readings. The defective rear marker tape continued to be reported including 23 and 29 January 2024, with rectification recorded on a job card for 1 February 2024.

Mr Perrett told me that her had disciplined Driver Harris, although that needed to be recorded. Mr White has been organising the inspections for the last 12 months. He will shortly be booking for 2025 and had reduced the inspection frequency to 8 weeks. Adblue and fuel usage is now monitored. There is a quarterly check of Gov.UK for any safety recalls. He understands that he needs to revert to Skinners to find out what is happening with the brake tests. The operator was reminded that the DVSA Guide to Maintaining Roadworthiness advises that every Preventative Maintenance Inspection must assess the braking performance of the vehicle or trailer. An Electronic Braking Performance Monitoring System may be used to monitor in-service braking performance and provide a braking performance report for the safety inspection. Where EBPMS is not being used a suitable calibrated roller brake test will be used and vehicles and trailers will be in a laden condition. Where unavailable, an approved and calibrated decelerometer can be used to measure overall brake efficiency values for rigid vehicles without trailers only. A temperature check has to be conducted at the same time as a decelerometer test to identify if individual brakes are operational. Risk assessments must be retained on file and made available for inspection. It was further advised of the DVSA guidance on how to read a brake test report.

The operator committed to 20-day downloads of vehicle units and Mr Harris’s driver card. Ms Harrison downloads the driver reports and then she and Mr White will work through it. The parameters have yet to be set on Tachosafe and to provide distances.  Mr Harris is the only driver, but the operator has 3 vehicles specified: a skip vehicle, roll-on, and a Hiab, but only one is ever used at a time. As Mr Perrett acknowledged, the business had got too big for him to manage, so he reduced operations.   

7. Determination

On the basis of the above evidence, I recorded that vehicles had not been kept within the Operating Centre, in breach of section 27(1)(a), but was assured that this had been remedied. I inevitably concluded that the condition to notify of that change and in maintenance had not been complied with, in breach of section 26(1)(b). The prohibitions were a matter of record, and I made an adverse finding under section 26(1)(c)(iii). Statements regarding maintenance and intervals were not met, although now addressed and I have recorded the breach of conditions, resulting in a further finding under section 26(1)(e). Wreford Transport Ltd had not been used for a significant period. I further recorded breaches of the undertakings that vehicles would be kept fit and serviceable, to employ an effective, written driver defect reporting system, to ensure complete maintenance records (over 15 months) and to comply with driver’s hours and tachograph requirements.

I reserved my position in respect of fitness. I agreed to hold that decision in abeyance for 6 weeks to 29 April 2024 for the operator to seek expert consultant advice and to supply an action plan to achieve and maintain compliance going forward, with particular reference to the shortcomings identified above. In the meantime, I was concerned as to the immediate safety of the specified vehicles. I suspended the operator’s licence temporarily, to be lifted upon supply of a complete Preventative Maintenance Inspection with brake test report, where performance met the required standard across the braking devices. 

The operator’s undated response, received on by my office on 25 April 2024, but submitted to me on 1 May 2024. It referred to the recruitment of Gemma Bradbury, who holds an International Transport Manager CPC qualification, which she obtained in April 2015, with refresher training in September 2021. I was informed that she already acts as a Transport Manager on another licence and has been nominated by a further operator. Ms Bradbury was reported to have reviewed the outcome of the hearing and to have visited the site on an occasion, in order to discuss future remedial work.  Mr White has apparently attended refresher training and is booked on Operator Licence Awareness Training on 5 May 2024.

In written representations, the operator acknowledged changes had not been notified in a timely fashion but stated that future changes to the licence will be actioned promptly. All vehicles will be kept at the specified Operating Centre. In future, Prohibition Notices will be addressed immediately, with a ‘paper trail’ kept recording that activity. The operator has emphasised the need for drivers to complete effective walk round checks and a robust defect reporting procedure. The operator cited a lack of training and/or knowledge as the reason for the breach of undertakings. The training of Mr White and the involvement of Ms Bradbury was used to illustrate “a robust system to be able to honour our undertaking going forward.”

The operator provided the following statements of intent by way of reassurance:

• Maintenance planner will now be held on excel 12 months in advance this will also include tax, calibrations, annual test, and anything else related to this vehicle.

• Defect reporting will be a main area of regular communication with drivers.

• Defect reporting will now systematically be held within excel.

• Bi weekly tyre check will be completed and records kept.

• AdBlue will be tracked and monitored for emissions deficiency.

• Each vehicle will be checked every 6 months for recalls and date checks kept on an excel spreadsheet.

• All drivers will be required to sign a company policy and procedure pack.

• All drivers will complete an inhouse driver assessment with a nominated responsible person.

• All drivers will be required to complete a medical declaration form prior to driving.

• Risk assessments will be completed with drivers.

• Infringement policy will be implemented.

• All maintenance paperwork/repairs/tyres will all be scanned and uploaded to a PC to enable effective filing and management if these documents.

• All documentation for drivers and vehicles will be scanned and uploaded so these are readily available for anyone with in the business to locate swiftly if required.

I will accept the above statements, to be attached to the licence. Those statements must be lived up to. Any change or departure must be notified. They offer a basis upon which the operator should be capable of ensuring future compliance. I am assured that the operator and its Directors now understand what is required regarding to ensure basic compliance. Its fitness has clearly been called into question and is now tarnished by these events. There can be no repeat. The suspension of the licence between 18 and 27 March 2024 should act as a deterrent and is intended to mark what might happen were there to be further findings against this operator.

R Turfitt

Traffic Commissioner

3 May 2024