Decision

Decision for Tariq Saeed, trading as Dreamwise Bedding

Published 17 September 2024

0.1 IN THE NORTH WEST OF ENGLAND TRAFFIC AREA

1. TARIQ SAEED TRADING AS DREAMWISE BEDDING  OC1048865

2. CONFIRMATION OF ORAL DECISION OF THE DEPUTY TRAFFIC COMMISSIONER

2.1 In the matter of the Goods Vehicle (Licensing of Operators) Act 1995

3. Public Inquiry held at Golborne on 8 August 2024

4. Background

Tariq Saeed, trading as Dreamwise Bedding, (“the operator”) has held a restricted goods vehicle operator’s licence OC1048865 since 11 August 2005 authorising the use of two vehicles. The licence currently records that there are two vehicles in possession although it is understood only one of those vehicles remains in the actual possession of the operator.

On 30 October 2023 one of the operator’s vehicles was stopped by the DVSA whilst it was being driven by a Sulaiman Aslam. Instances were identified of the vehicle being driven without a driver’s card inserted into the recording device on two desperate days in October 2023. On both days, the vehicle had been driven for between 8 minutes and 20 minutes over a distance of around 5km before Mr Aslam’s card was inserted, almost immediately after the previous period of during ended. Mr Aslam had then recorded driving duties for a period close to his maximum daily limit of 9 hours. On both days, immediately after Mr Aslam’s card was ejected at the end of his driving duties, the vehicle was driver over around 6km for a duration of 11 minutes and 19 minutes.

At the time of the encounter, Mr Aslam denied that he had driven without his card inserted as required. He put forward the explanation that because of the one-way system at the operating centre, those loading the vehicle would have to drive it around the block for positioning purposes prior to his collecting the loaded vehicle or after he returned it at night. Mr Aslam also claimed the vehicles were being parked on the public road as there was insufficient space to park them in the operating centre.

This prompted further investigation including a Traffic Examiner visit to the operator on 3 January 2024. The findings overall in relation to the operator’s systems and processes were satisfactory. The primary concern was the apparent failure to use the operating centre and the occasional examples of “off card” driving as mentioned above.

Mr Saeed disclosed to the Traffic Examiner that he had recently lost the right to park his vehicles at the operating centre and had been parking them on Howard Street, a cul de sac leading to his premises. He indicated he would be willing to sell one vehicle as he would now be able to park the other vehicle in the operating centre.

Mr Saeed confirmed that the “off card” driving was attributable to the short positioning journeys described by Mr Aslam. He told the Traffic Examiner that the driver responsible had been dismissed.

The operator has twice previously been called to a public inquiry.

On 6 November 2015, Mr Saeed attended a public inquiry in relation to matters including drivers’ hours infringements, overloading and maintenance prohibitions. His licence was fully curtailed (effectively suspended) for a period of 5 days.

Mr Saeed was called back to a public inquiry on 12 April 2018 after one of his drivers was convicted of several drivers’ hours offences. The licence was again suspended on this occasion for 4 days, and a final warning issued to Mr Saeed.

 The matters disclosed by the latest DVSA investigation, and the previous history led to the operator being called to a public inquiry.

5. The Call to Public Inquiry

The operator was initially called up to public inquiry by letter dated 24 April 2024 with the hearing scheduled for 29 May 2024.

The call up letter gave notice that the grounds for regulatory action in Sections 26(1)(a), 26(1)b), 26(1)(c)(iii), 26(1)(ca), 26(1)(e), 26(1)(f) and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) were to be considered as well as the provisions for disqualification in Section 28 of the Act.

Unfortunately, an error in the call up letter caused some confusion about the date of hearing, and it was agreed it should be re-listed for 8 August 2024. The operator was informed accordingly.

Driver Mr Aslam was also called to a conjoined driver conduct hearing and a decision in relation to his vocational entitlement has been recorded separately. I took no further action.

6. The Public Inquiry

The Public Inquiry was heard at Golborne today. Mr Saeed attended as the operator and was represented by transport consultant Paul Lyon of the Road Transport Consultancy. Driver Mr Aslam also attended represented by transport consultant Grahame Robinson.

7. Decision

In advance of the hearing, the operator sent its evidence of his driver management arrangements to the DVSA as requested. The Traffic Examiner confirmed that whilst some infringements were noted, these were not serious, and most were attributable to Mr Aslam who no longer worked for the business. There was some evidence of a small amount of unaccounted mileage over a 4-month period. The Traffic Examiner also confirmed he had seen photographs of the operating centre and the one vehicle remaining in possession. The photographs showed that Mr Saeed was now able to park the vehicle off road at his premises overnight.

Based on the evidence contained in the brief and presented at the hearing today, I make the following findings of fact:

• The operator has not fulfilled the promises made on applying for the licence to ensure that his vehicles were kept at the authorised operating centre and that he would abide with conditions on his licence. This satisfies the grounds for regulatory action in in Section 26(1)(e) of the Act.
• The operator has not honoured the undertakings that he agreed previously to ensure drivers’ hours rules were observed and that tachograph charts would be independently analysed.

Having reached the findings of fact recorded above, I have considered the balancing exercise and have considered the positive and negative features by reference to the guidance in the Senior Traffic Commissioner’s Statutory Document Number 10.

I identify as a negative feature the fact that in October 2023 there was clearly a lack of effective management control and insufficient systems and procedures in place to prevent drivers’ hours’ infringements.

This also has to be seen in the context that Mr Saeed has twice previously attended public inquiry and been the subject of regulatory action for matters including drivers’ hours. It is disappointing that he has allowed these issues to recur, especially when the previous undertakings were designed to avoid that very event. I was also very troubled that at one point during today’s hearing, Mr Saeed stated that he did not know why he had been called to a public inquiry. He should be under no illusion that the matters discussed were serious and unacceptable.

On the other hand, I give the operator credit for the tangible improvements made to systems and compliance since the DVSA investigation as evidenced by Traffic Examiner McKay’s updated report. The engagement of Mr Lyon and his colleagues to assist with compliance going forward is also a positive step.

Having balanced these factors and considered the evidence heard at the public inquiry, I consider this is a case that falls into the category of “moderate” for the purposes of considering regulatory action.

I determine that the appropriate and proportionate action is to curtail the licence to 1 vehicle reflecting the number currently in possession.

This order is intended to underline to the operator that the events that led to the public inquiry are unacceptable and must not be repeated. It is also intended to allow the operator to continue its business with its current vehicle and to take that opportunity to show it can be trusted to be compliant.

I heard that Mr Saeed’s son has now incorporated a company with the intention to take over his father’s business in the coming months and apply for a new licence. I recommend that Mr Saeed’s son considers attendance at an operator licensing awareness course to prepare for any new licence application. It is also likely that if this licence is replaced by a new application, the traffic commissioner will ask for the undertakings to be offered again by the new entity.

I direct that the following previous undertakings should be removed from the licence record as they are now superfluous:

• All tachograph charts will be independently analysed with effect from 1 October 2015 and records kept of all infringements for not less than 2 years.
• The operator will provide profit & loss accounts for the business for the year ended 31/03/2017 by 01/05/2018.
• the operator will notify the Traffic Commissioner’s office immediately if he should decide to dispense with the services of Ian Tucker before 31/12/2018.
• The operator will commission Ian Tucker to audit drivers’ hours and WTD compliance for the period April to September 2018 (inclusive) and produce a report by 15 November 2018 covering all drivers deployed in that period and make recommendations.

Gerallt Evans

Deputy Traffic Commissioner

8 August 2024