Decision

Decision for Pro Scaffolding (South West) Ltd - OH2027042 and Transport Manager David Anthony Edkins

Published 1 June 2022

PRO SCAFFOLDING (SOUTH WEST) LTD

OH2027042

TRANSPORT MANAGER DAVID ANTHONY EDKINS

PUBLIC INQUIRY IN BRISTOL

30 NOVEMBER 2021

1. DECISION

The Goods Vehicles (Licensing of Operators) Act 1995 (the “Act”)

Pursuant to adverse findings under Section 26(1), the licence is curtailed to five vehicles indefinitely. Not more than 5 must be in possession.

The good repute of David Anthony Edkins is lost and he is disqualified from acting as a transport manager indefinitely.

An administrative undertaking is recorded – paragraph 16

2. BACKGROUND

Pro Scaffolding (South West) Ltd Ltd is the holder of a Standard National goods vehicle operator licence authorising the use of eight vehicles from an operating centre in Avonmouth (a listed site in Newton Abbott no longer being in use). The sole director is Daniel Sullivan, the transport manager from grant until 30 March 2021 being David Anthony Edkins.

The licence was granted at a hearing on 28 January 2020 following revocation of a previous restricted licence.

On 14 December 2020, Traffic Examiner (TE) David Cresswell encountered vehicle YK63 EXW at the Agaton Fort check site (near Plymouth). The driver of the vehicle was Bradley McKay. TE Cresswell carried out a walk round check of the vehicle and found no licence disc or ministry plate on display. TE Cresswell then downloaded the vehicle and driver tachograph data. Analysis of the data revealed no drivers hours offences committed by Mr McKay. However, the vehicle data revealed YK63 EXW had been driven on 4 occasions without a driver card inserted.

On 18 March 2021, TE Gregor Bell encountered vehicle MX08 OMV at the Tormarton check site near Bath. The vehicle was not specified on the operator’s licence. TE Bell spoke to sole director Dan Sullivan who explained it was an oversight and the transport manager should have specified it. The vehicle was also carrying a 3rd person, who was sitting on the bunk bed as the vehicle had not yet been fitted with a 3rd seat to accommodate everyone. Advice was given by the police and the 3rd crew member was picked up by a car.

On 30 April 2021, a follow up Traffic Examiner Visit Report (TEVR) was carried out by TE Gregor Bell. The subsequent report returned an unsatisfactory score of 12 and ‘report to OTC’. The following shortcomings were found during the visit and subsequent investigations:

• Drivers may not receive adequate training with regards to drivers hours and tachographs.
• 2 days prior to the visit, the operator received a prohibition for a vehicle being 30% overloaded. Vehicle had also been found approximately 30% overloaded in October 2020.
• Previous transport manager was not checking driving licences online every 3 months.
• Previous transport manager was not sending tachograph data off to be analysed. There were some missing kilometres with the 18 tonne trucks.
• May 2021 data provided to TE Bell revealed some infringements are still occurring even after warning and advise.
• Disciplinary system could be improved.
• Bradley McKay has 2 tachograph cards.

TE Bell provided an update regarding the situation in July in the ‘Examiner’s feedback’ section of the TEVR. The updated tachograph data provided by the operator for May 2021 still revealed some tachograph infringements. There were still some missing kilometres with the 18 tonne trucks, there were also some instances of insufficient daily rest and some occasions when 4.5 hours driving had been exceeded. TE Bell also noted “the operator has 9 vehicles in total however they explained one is normally getting repaired.”

On 9 July 2021, Lee Parker responded to the notification of shortcomings with a detailed response, stating the following:

• He had, as the new transport manager, attended a 2 day refresher course in June 2021.
• Tachograph and walk round check training has been provided, with all drivers issued with a handbook.
• Vehicle and driver tachograph cards are now downloaded weekly and sent off for analysis to allow any issues to be dealt with swiftly.
• Disciplinary system starts with education, is followed by verbal and then written warnings and finally dismissal. The drivers are now aware of the severity of the issues.

These issues caused me to call the operator and transport manager Edkins to public inquiry. Also called was driver Bradley McKay. One week before the inquiry, Lee Parker resigned as transport manager.

3. THE PUBLIC INQUIRY

Daniel Sullivan and Lee Parker attended for the operator. Driver Bradley McKay also attended, if briefly. The proceedings were recorded and I do not record the evidence here.

4. CONSIDERATION AND FINDINGS OF FACT

All the matters of concern in the DVSA report are made out. In particular, I note:

• The on-road compliance of the vehicles has been appalling with axle overloads as much as 64% and gross overloads of 35% and 39%.
• There are large amounts of in-scope driving being conducted with no driver card in the tachograph vehicle unit
• Vehicles have been issued with prohibition notices for serious and obvious defects
• More vehicles have been in possession than authorised
• Vehicles have been used when not specified
• There has been one prohibition for load security

There appears to have been little to no control of the operation by transport manager David Edkins.

Mr Sullivan is again spreading himself too thinly and cannot maintain control. This is evident from the vast amount of missing mileage that continues.

Lee Parker has been a positive force within the business but accepts that he cannot control the transport operation working only one day a week. That is particularly the case when drivers refuse to abide by something as simple as putting a tachograph card in the head.

I have a conflict over my assessment of Daniel Sullivan. When I meet him, as I have done now several times, I am impressed by his apparent drive and enthusiasm for doing things right. Then I see the list of issues in the DVSA report and that enthusiasm does not seem to turn in to delivery. It is clear, though, that this licence and this business, because the latter cannot exist without the former, are passionately important to him. By the finest of margins, I find that I can trust him to be compliant in the future and so the licence can continue.

A new transport manager has been nominated. Sean Matthew Keaney promises to devote 24 hours over 5 days to this operation. It is unfortunate that I could only get to meet Mr Keaney if I held this decision until January and that is not fair. So I must accept Mr Sullivan’s assessment that Mr Keaney can keep them both out of my public inquiry room. Mr Keaney qualified in 2016 so I will ask that he attend a refresher course, if he has not recently done so. He declares an SP30 offence which is unfortunate but not, on its own, material to any assessment of repute.

Assuming that an undertaking is accepted for Mr Sean Keaney to attend 2 days refresher training within 3 months, he can be accepted on this licence and professional competence is satisfied. If he does not, it is not, and revocation is mandatory. I accept that I am not really giving the operator a choice but it is not an unreasonable request. I proceed on the basis that the following undertaking is accepted:

The transport manager shall attend an established two-day transport manager refresher course presented by a trade association (L-UK/RHA /BAR /CPT), a professional body (IoTA / CILT/ SOE/ IRTE), or an OCR approved exam centre offering the management CPC qualification (PCV/ LGV) by no later than 30 March 2022. Proof of attendance is to be received by the Office of the Traffic Commissioner, Jubilee House, Croydon Street, Lawrence Hill, Bristol, BS5 0GB by 14 April 2022.

I refer to the Senior Traffic Commissioner’s Statutory Guidance Document No. 10 and Annexe 4 thereof. It assists me to decide on the degree of regulatory action.

The overloading has been to such an extent that road safety has been jeopardised. The missing mileage is continuing. That point is tempered by the fact that the nature of the work is such that drivers hours offences are unlikely (apart from a driver driving eleven days in a row). I find this gives me a starting point of “severe to serious”. The previous public inquiry history pushes it nearer to “severe”. That finding indicates that I should materially interfere with the transport operation. I have in mind the description of the two parts of the business, scaffolding and maintenance, one of which relies to some extent on the other.

Six vehicles are currently in possession. Authority is eight. I find it appropriate to curtail the licence to five vehicles indefinitely.

Mr Sullivan could have come no closer to losing his good repute and his business entirely. I cannot see how the business could survive another public inquiry.

Mr Edkins tells me that he has retired. I can see noting that he contributed to this operation. In particular, drivers appear to have had no feedback on their continuing offending. It appears Mr Edkins was not even conducting the analysis. He chose not to attend the inquiry. I find his good repute as transport manager is lost and he is disqualified from acting as such indefinitely. He is at liberty to apply at any time for his good repute to be reinstated.

5. DECISION

Pursuant to adverse findings under Section 26(1), the licence is curtailed to five vehicles indefinitely. Not more than 5 must be in possession.

The good repute of David Anthony Edkins is lost and he is disqualified from acting as a transport manager indefinitely.

Kevin Rooney
Traffic Commissioner

16 December 2021