Decision

Written decision for B K Plant Limited (OK2026375)

Published 16 November 2020

In the South Eastern & Metropolitan Traffic Area.

Goods Vehicles (Licensing of Operators) Act 1995

Traffic Commissioner’s written decision on Tuesday 13 October 2020

1. Decision

Pursuant to adverse findings under Section 26(1) (c)(iii), (c)(a), (f) and (h) of the Goods Vehicle (Licensing of Operators) Act 1995, the Operator BK Plant Ltd no longer meets the requirements under Section 13 B and C of the 1995 Act. Accordingly, Licence OK2026375 is revoked with effect from 23:45 on the 16 October 2020.

I make no direction under Section 28 of the 1995 Act.

2. Reasons

[The Operator has failed to attend the virtual hearing listed for 2pm today. It was aware that I would proceed to make a decision in its absence if this happened].

This licence was granted on 1 October 2019. On the 12 March 2020 and 20 May 2020 specified vehicles were issued with roadworthiness prohibitions. On 7th May and 20 May 2020 specified vehicles were subject to traffic roadside encounters by DVSA Traffic Examiners. Despite numerous reminders the director, Mr Besmir Kodraj, failed to send any tachograph data for assessment. During those encounters Mr Kodraj was working, not abroad, having told the Traffic Examiner he was busy but would go back to the yard.

The Director accessed VOL operator self-service on the 10 June 2020 and therefore was certainly still working at that point. The Operator only engaged in the regulatory process once it received a Propose To Revoke letter from my Office. However, apart from the original adjournment request and its former solicitor lodging financial evidence, the Operator has again failed to co-operate. No data has been sent to the Traffic Examiner for the proposes of today and no maintenance and similar records have been sent to my office in advance or at all. The director’s email of 12 October 2020 is less than compelling. Mr Kodraj was in the country when the data should originally have been downloaded in May 2020. Mr Kodraj was in the country until the 25 July 2020 and he returned on the 13th September 2020[source: an email from Ashton Legal dated 1 September 2020].

Even when abroad the director changed the vehicles via operator self-service on 20 August 2020. By his own admission, Mr Kodraj does not have an audit trail to demonstrate compliance. Even so he continues to operate. Mr Kodraj has this morning added a vehicle PJ09LCW to the Operator Licence and removed another to make way for it. This approach to compliance and co-operation is wholly deficient.

Without a wider explanation the Operator has put commercial need ahead of compliance over a sustained period. Road safety and fair competition are key to the success of the Operator Licencing regime. This Operator appears to respect neither. Accordingly, the evidence is overwhelmingly that it is no longer fit to hold a Licence (section 13B), and by Mr Kodraj’s own admission the Operator does not have sufficient systems to demonstrate compliance with section 13C.

In light my concerns, I have only given the Operator a period of run off until the end this week. During that period if the Operator has any doubt as to the safety of those vehicles and whether they have been seen by a mechanic, then they simply must parked up, there is no good reason lawful to do otherwise.

I have not made a direction under Section 28 of the 1995 Act. However, any future application by this company and/or this director must be referred to a Traffic Commissioner or Deputy Traffic Commissioner and must not been dealt with under any delegated authority.

Miss Sarah Bell

Traffic Commissioner

Written confirmation: 14 October 2020