Written decision for Domain Transport Ltd (OC2012726) and Michael Fredrick Harry Swain – transport manager
The Traffic Commissioner for North West England's redacted written decision for Domain Transport Ltd (OC2012726) and Michael Fredrick Harry Swain, dated 27 August 2020.
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The Traffic Commissioner found that find that the operator lacked financial standing and granted a period of grace to 30 November 2020 to allow the operator to demonstrate that the required level of financial standing could be continuously met. He also curtailed their licence from 20 vehicles and 25 trailers to 17 vehicles and 25 trailers. This direction took effect from 11:45pm on Friday 11 September 2020 and lasted until 11:45pm on Friday 25 September 2020.
The Traffic Commissioner directed the operator to inform the Office of the Traffic Commissioner in writing by 11 September 2020 of the registration number of the vehicles to be removed from operations as a result of the curtailment of its authority to 17 vehicles. He also directed in accordance with the provisions of section 26(6) of the Act that the vehicles in question should not be used under any other operator licence during the period the curtailment is in force.
The Traffic Commissioner set down the following undertakings set down as agreed by the operator:
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The operator will provide financial evidence in the name of the operator for the period from 1 September 2020 to 30 November 2020 to the Office of the Traffic Commissioner before 15 December 2020. This must show that the operator has met the required level of available finance throughout the period by reference to an average balance, dependant on the rates applicable at that time.
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The operator will arrange for maintenance and drivers’ hours compliance systems to be audited by an independent third party in July 2021. Audit reports will be prepared, acted upon and retained for at least 2 years. A copy of the report will be forwarded to the Office of the Traffic Commissioner before 15 August 2021 together with the Operator’s proposals for implementing its recommendations. The audit report should expressly comment on progress against the recommendations in the Fosters Tachograph audit report dated 20 August 2020.
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By 30 November 2020, Michael Swain will attend an operator licence awareness training course run by a trade association (Logistics UK or RHA) or by another accredited training provider. Attendance may be in person or by participating in a virtual online course run by a training provider whose virtual course satisfies the criteria for such courses established by the traffic commissioners. A copy of the certificate of attendance will be forwarded to the Office of the Traffic Commissioner before 15 December 2020.
There was one recorded Statement of Intent:
- The operator will fully implement all the recommendations contained in the audit reports of Foster Tachographs dated 20 August 2020 by no later than 30 June 2021.
Michael Fredrick Harry Swain’s repute as transport manager was not lost.