Decision

Decision for Stain Plant Ltd

Written decision of the Deputy Traffic Commissioner for the East of England for Stain Plant Ltd

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The standard national goods vehicle operator’s licence OF1067000 held by Stain Plant Ltd is suspended for a period of 28 days with effect from 0001 hours on 20 December 2023 until 0001 hours on 17 January 2024 pursuant to Section 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”).

Under Section 26(6) of the 1995 Act, I direct that the operator’s vehicle may not be used under any other operator’s licence during the period of suspension.

Under Section 26(1)(f) of the 1995 Act, the licence is curtailed from six vehicles and three trailers to one vehicle and three trailers, with immediate effect and for an indefinite period of time.

Brian John Stain has lost his good repute as a transport manager, pursuant to Schedule 3 paragraph 1 of the 1995 Act. Under paragraph 16(2) of that Schedule he is disqualified, with immediate effect and for a period of three years until 5 December 2026, from acting as a transport manager on any operator’s licence.

I am allowing a period of grace until 17 January 2024 for the company to be without a transport manager. If a valid nomination for a new transport manager has not been received by that date, the period of grace will expire and the licence will be revoked under Section 27(1)(a) of the 1995 Act.

The following undertakings have been offered and will be added to the licence:

  • a new maintenance provider will be contracted with by 17 January 2024, in place of P Griffiths Vehicle Services Ltd;

  • vehicles will be given laden roller brake tests at least four times a year, in addition to the one at MOT. The print-outs will be kept for at least 15 months.

  • the operator will contract with a transport consultant holding a transport manager CPC qualification for the provision of advice on and assistance with compliance over at least the next 12 months.

Published 13 December 2023