Decision for Robert James Brown t/a RB Industrial Roofing (OF2050816)
The Traffic Commissioner for Eastern England's confirmation of decision for Robert James Brown t/a RB Industrial Roofing (OF2050816)
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The Traffic Commissioner for Eastern England decided:
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in the absence of any evidence to the contrary, I made adverse findings under sections: 26(1)(a) – not using the authorised operating centre, (b) – condition to notify relevant changes which impact the ability to hold an operator’s licence, (c)(iii) – prohibition, (e) – statements not met: that relevant vehicles would normally be kept (when not in use) at the operating centre at The Stables Yard, High Road, Saddlebow, PE34 3AR; and to abide by conditions on the licence, (f) breach of undertakings that the vehicle would be kept fit and serviceable, to employ effective written driver defect reporting, to retain complete maintenance records for 15 months, in addition I recorded that drivers’ hours rules and tachograph requirements had not been met.
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In the absence of the required financial evidence, I recorded that material change under section 26(1)(h).
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I referred to the appellate tribunal decision in 2013/007 Redsky Wholesalers Ltd confirming the applicability of the question in 2009/225 Priority Freight, namely: how likely is it that this operator will, in future, operate in compliance with the operator’s licensing regime? I concluded that this was highly unlikely and that the licence should be revoked from 23:45 on 4 May 2023, to allow this decision to be communicated. I have not disqualified the operator, having given limited credit for the absence of previous proceedings.