Decision

Decision for TURNERS PALLETS & RECYCLING SERVICES LTD

Published 31 March 2022

0.1 WEST MIDLANDS TRAFFIC AREA

1. DECISION OF THE TRAFFIC COMMISSIONER

1.1 PUBLIC INQUIRY HELD ON 18 MARCH 2022

2. OPERATOR: TURNERS PALLETS & RECYCLING SERVICES LTD

LICENCE OD1123437

3. Background

Turners Pallets & Recycling Services Ltd holds a standard national goods vehicle operator licence for eight vehicles. The directors of the company are Darren Turner and Russell Turner, and the nominated transport manager is Adrienne Turner.

3.1 DVSA stop

One of the company’s vehicles, BU63 ZGY, was stopped by DVSA on 5 October 2021. DVSA found that:

i) the vehicle was untaxed;

ii) the vehicle had been driven on four occasions in the preceding month without a tachograph card;

iii) the vehicle tachograph unit had not been downloaded for 569 days, 479 days beyond the legal maximum period;

iv) the operator had never locked the vehicle tachograph unit in;

v) the transport manager Adrienne Turner said that she had stepped away from the business and now had little involvement with it;

vi) no tachograph data could be produced;

vii) director Darren Turner was currently serving a 12 month prison sentence after incurring three convictions for dangerous driving; for driving over the drug limit; and for driving over the alcohol limit. He had also been disqualified from driving for 4.5 years.

viii) the operator had failed to notify the traffic commissioner of these convictions.

4. Public inquiry

I called both operator and transport manager to a public inquiry, being unwilling in such a serious case to accept the proffered surrender of the licence. The call-up letter was sent on 16 February 2022, citing Sections 26(1) and 27(1) of the 1995 Act. The operator and transport manager both failed to attend today’s inquiry.

5. Findings

I make the following findings:

The transport manager Adrienne Turner has not been exercising the required continuous and effective management of the business. By her own admission she has stepped away from it. Nevertheless, as of today there are still five vehicles specified on the licence (it is authorised for eight). Clearly, she has wholly neglected to carry out downloads from the vehicle tachograph units or ensure that vehicles are taxed. Because of her negligence I find that she lacks the required good repute.

The operator has clearly failed to fulfil its undertakings to ensure:

a) the lawful operation of vehicles (the vehicle was not taxed); and

b) that the rules relating to drivers’ hours and tachographs would be observed;

c) that convictions would be notified within 28 days to the traffic commissioner.

I have concluded that the transport manager Adrienne Turner lacks good repute. The operator therefore lacks professional competence and revocation of the licence is mandatory under Section 27(1)(a) and (b) of the 1995 Act. The revocation takes effect immediately.

Having removed Adrienne Turner’s good repute as transport manager, I am obliged also to disqualify her under Schedule 3 to the 1995 Act. Because she failed to attend the inquiry, the disqualification is for an indefinite period of time.

In the light of the very serious convictions of director Darren Turner, I am also disqualifying the company and him from holding or obtaining an operator’s licence in the future, pursuant to Section 28 of the 1995 Act. Fellow director Russell Turner, who also failed to attend the inquiry and who bears equal responsibility for the serious non-compliance found by DVSA, is similarly disqualified.

All the above disqualifications take immediate effect.

Nicholas Denton

Traffic Commissioner

18 March 2022