Decision

Decision for Raymond Carter, trading as Carters Car Collection

Published 17 September 2024

0.1 WESTERN TRAFFIC AREA

1. RAYMOND CARTER t/as CARTERS CAR COLLECTION   OH1040079

2. AT A PUBLIC INQUIRY IN BRISTOL   7 AUGUST 2024

3. BACKGROUND

Raymond Carter, trading as Carters Car Collection, is the holder of a restricted goods vehicle operator’s licence authorising the use of one vehicle from an operating centre at The Railway Cutting, Thornfalcon, Taunton. The nature of the business is a scrap metal dealer.  The licence was granted in November 2004.

On 1 February 2024, Police and DVSA encountered the authorised vehicle carrying two end of life cars. The only load security was the crane boom, itself not secured. The vehicle has been out of MOT since December 2022. ANPR evidence shows that it has been in use.

On 22 April 2024, Vehicle Examiner Adrian Williams undertook a maintenance investigation. He identified considerable shortcomings. I record only the most serious here:

• The listed operating centre was not being used

• Mr Carter was unable to provide any maintenance records.

• There was no forward planning system

• Walk-round checks were not recorded.

• Maintenance was said to be carried out in-house but there were not even the most basic of facilities.

• Mr Williams concluded that Mr Carter was operating vehicles in an unsafe manner and had shown no willingness to improve.

I called Mr Carter to public inquiry.

4. THE PUBLIC INQUIRY

No one has attended today. Mr Carter emailed my office on 24 June 2024:

Good morning 

I am replying to your email from last week regarding o licence 

The business of carter’s car collection will be closing the end of June and any and all assets will be sold I am taking an early retirement to become a full time carer for my wife .

So I will be sending in the o licence disc and de registering 

From dvsa 

Regards Ray carter

Nothing has been provided for the hearing. It is clear that Mr Carter is aware. I proceed to make a decision on the papers.

5. CONSIDERATION AND FINDINGS OF FACT

The stated operating centre is not in use. Mr Carter told VE Williams that a new application had been made. It has not. Section 26(1)(a) is made out. Given the lack of action, I attach significant weight.

This case started with a load security issue. Two vehicles were stacked on top of each other on the back of a flatbed truck with no sides or tailgate. The only security was afforded by the depression of the crane jib. The jib was not secured. Mr Carter could see nothing wrong with that.

In not having any preventative maintenance inspections, Mr Carter gained a competitive advantage whilst putting himself and other road users at risk. In not paying to advertise his new operating centre nor to vary his licence to add it; he gained a further competitive advantage. His corner-cutting led to the vehicle in use without an MOT for over a year. His false statements in the response to the maintenance investigation demonstrate a total contempt for the regulatory regime. I find he is no longer fit to be the holder of a restricted goods vehicle operator’s licence. Section 26(1)(h) is made out and I attach significant weight.

Mr Carter’s attitude to compliance is such that it would pose a significant danger should he ever operate heavy goods vehicles again. For that reason, it is appropriate that I impose an order of disqualification. Not having heard from him, I cannot determine a suitable period so the disqualification order is indefinite, with leave to apply.

I remind Mr Carter that the definition of “recovery” has been tightly defined in the caselaw. I ask that DVSA send him a pre-impound letter should he consider attempting to operate his scrap metal collection business under that exemption.

6. DECISION

Pursuant to adverse findings under Sections 26(1)(a) and 26(1)(h), the licence is revoked with immediate effect.

Kevin Rooney

Traffic Commissioner

7 August 2024