Decision

Decision for Stain Plant Ltd

Published 13 December 2023

0.1 EAST OF ENGLAND TRAFFIC AREA

1. DECISION OF THE DEPUTY TRAFFIC COMMISSIONER

2. PUBLIC INQUIRY HELD IN CAMBRIDGE ON 23 NOVEMBER 2023

2.1 OPERATOR: STAIN PLANT LTD LICENCE OF1067000

3. Decisions

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.

4. Reasons

The reasons for the regulatory action set out above, and the loss of Mr Stain’s good repute as a transport manager are as follows:

• for a period of 14 months, from 25 February 2022 to 23 April 2023, the company specified vehicle YJ16 YWU on its licence. But the company was not operating the vehicle during this time: it was operated throughout by Wagstaff Developments (2010) Ltd, a company under the control of Dellwin John Malkin. Mr Malkin had had his operator licence (OD0190061) revoked by deputy traffic commissioner Jayne Salt in August 2021. Mr Stain’s action, in agreeing to specify this vehicle on his company’s licence after he (in his own words) became “aware that Wagstaffs were having difficulties with their licence” was a highly irresponsible act. Stain Plant Ltd had no control over or oversight of the vehicle’s maintenance regime or of the driver’s tachograph data. By facilitating the continuance in operation of a company whose operator licence had been revoked, Mr Stain has frustrated the whole purpose of the regulatory system. Whether through a deliberate act or (as Mr Stain claims) gross ignorance, this lending of the licence is not the conduct of a reputable and competent transport manager;

• Stain Plant Ltd’s MOT failure rate is very high, at 53% (8 failures from 15 presentations) compared to the national average of 13%. The company has failed to fulfil its undertaking to ensure that vehicles are kept fit and roadworthy;

• vehicles have not been given laden roller brake tests, except immediately prior to their MOT;

• the company has failed to fulfil its undertaking to ensure that rules relating to drivers’ hours and tachographs would be observed. No downloads for the vehicles’ tachograph units have been carried out until very recently. There has been no effective monitoring of drivers’ hours;

• YJ16 YWU was operating untaxed when it was stopped by DVSA on 4 March 2023. The company has failed to fulfil its undertaking to ensure the lawful driving and operation of vehicles;

• Although Invergold Associates Ltd (a transport consultancy) have been appointed to assist the operator and carry out an audit, this was only done in the few weeks prior to the inquiry after the call-up letter was issued.

After hearing the evidence at the inquiry, I decided (by the narrowest of margins) to allow the licence to continue, at the much reduced level of one vehicle (the number currently specified on the licence). But this is on condition that the company appoints a new maintenance provider before it resumes operations after the suspension ends on 17 January 2024 and that it continues to work with Invergold Associates (or a similar consultancy) for the next 12 months (unless the licence is surrendered before then). It must also find a new transport manager.

Before reaching my conclusion on Mr Stain’s good repute as transport manager, I conducted a balancing act. On the positive side was the fact that he has recently done a CPC refresher course (with Invergold on 28 and 29 October 2023). On the negative side is the fact that he allowed someone whose licence had been revoked to continue to operate a vehicle, under the outward guise of legitimacy, by specifying it on Stain Plant’s licence. The vehicle was found to be untaxed when stopped in March 2023. Stain Plant’s own record on compliance with maintenance requirements and with rules relating to drivers’ hours and tachographs is extremely poor. Mr Stain has completely failed to exercise the required continuous and effective management of his own company’s licence and has facilitated illegal activity by another company. His good repute cannot possibly survive this, and I declare it forfeit pursuant to paragraph 1 of schedule 3 to the 1995 Act.

Under paragraph 16 of that schedule I must also disqualify Mr Stain from acting as a transport manager under any other licence. In considering the length of his disqualification I have taken account of paragraph 108 of the Senior Traffic Commissioner’s Statutory Guidance Document 10. Because there has been serious misconduct in this case, in allowing a revoked operator in effect to ignore the revocation of his licence, I have decided that a disqualification of three years is an appropriate outcome. The disqualification takes immediate effect and will last until 5 December 2026.

This leave Stain Plant Ltd without the required professional competence. I will allow a short period of grace to be without a transport manager until 17 January 2024.

4.1 Nicholas Denton

Deputy Traffic Commissioner

4 December 2023