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IN THE SOUTH EASTERN & METROPOLITAN TRAFFIC AREA TRAFFIC COMMISSIONER’S DECISION GREENFIELD SCAFFOLDING LIMITED LICENCE NUMBER – OK2019861 GOODS VEHICLES (LICENSING OF OPERATORS) ACT 1995 Decision Application refused as I remain to be satisfied that Greenfield Scaffolding Limited is fit to hold a Licence, as per section 13B of the 1995 Act. Reasons The sole Director is the subject of a serious conviction, which is not yet spent. In this context, it was important for Mr Baker to ensure that:- (a) He fully understood the requirements of the Operator Licensing regime; and (b) The application form is accurately completed. There are some positives. Mr Baker produced two references. One is unsigned and purports to be from an individual who is Company Secretary, but she is not. The second is signed but fails to give the employment dates. It follows that I can only give those documents minimal weight. Mr Baker tells me that if the Licence is granted, he will do some training. He has made enquiries with the RHA. Mr Baker has not been convicted of further offences since his release, so far as I am aware. Regrettably, there are a number of negatives, namely:-  the false declaration that the custodial sentence was 30 months (should be 39 months);  the false declaration that Mr Baker did not have a vehicle he intended to operate. He purchased an 18-tonne vehicle and had it in possession at the date he signed the form;  he has no security of tenure at the...

1 of 9 DECISION OF THE TRAFFIC COMMISSIONER FOR THE NORTH WEST OF ENGLAND In the matter of the Public Passenger Vehicles Act 1981 (the 1981 Act) HUYTON MINI COACHES LTD PC1067485 Public Inquiry at Golborne on 10 April 2019 Decisions: Huyton Mini Coaches Ltd I refuse the application made that the operator be allowed to surrender its operator’s licence. I direct revocation of the licence under Section 17 (1) (a) of the Act, as the operator is without financial standing. I find that it is appropriate that revocation of the licence also take effect under Section 17(3) (aa), (b), (c) and (e) of the Act. Revocation will take effect at 23.45 hours on Friday 26 April 2019 TM Neil Fallon I find, on balance, that Neil Fallon’s repute as TM remains intact. A formal warning is recorded in his...

Give your views on operator licensing consultation Department for Transport outlines proposals under consideration Have you seen the consultation on changes planned for the operator licensing system? It launched earlier this month. The Department for Transport is looking at two areas: PSV licence applications Formal tribunal rules PSV licence applications Traffic commissioners can give HGV applicants temporary authority (called an interim licence) while they’re waiting for the full licence to come up for approval. This doesn’t exist for PSV operators. The consultation looks at how it could be introduced. Tribunal rules Tribunal rules are used to manage cases and make sure they’re dealt with fairly and justly. They also make tribunals more accessible and will help those who are appearing before commissioners comply with what they’ve been asked to do. The consultation looks at whether formal tribunal rules will be beneficial. You can respond to the consultation online, by email or in writing. View the...

Haulier’s fleet restricted after failing to arrange laden brake tests Owner also disqualified from acting as transport manager until new CPC exam is passed Earlier this week we looked at the issue of brake testing. Unfortunately, it’s something traffic commissioners still have to deal with at public inquiry. Take this case from last year. The operator was called to a hearing after failing to keep a promise made at a previous inquiry. All vehicles and trailers were meant to have a meaningful (laden) roller brake test every quarter. But when DVSA checked, this wasn’t happening. Insufficient loads The company’s director (and transport manager) said the maintenance contractor had too much work on and couldn’t provide a reliable service. That’s the reason he gave for not having any laden brake tests. He also hadn’t noticed the brake test printouts included a warning about insufficient loads. The tests were conducted at only 20% of design axle weight. A trailer test achieved only 390kgf on one wheel. When it was retested 45 minutes later, it achieved 536kgf. That’s around 10-12% brake effort. The legal minimum is 45%. Or in the case of the trailer’s wheel station, a force equivalent to 2025kg. Impact on repute and business Failing to keep promises made at a public inquiry goes to the repute of the operator and transport manager. Traffic Commissioner Kevin Rooney said the operator’s conduct had been reckless. He disqualified the transport manager (who has to take his CPC qualification again) and cut the operator’s fleet – beyond what the business said it could cope with losing. The firm won’t get it’s full authorisation...

Lorries at sea – urgent safety advice Urgent safety advice has been issued by the Marine Accident Investigation Branch (MAIB) to all lorry drivers who use ferries. This follows an incident where lorries toppled over on a ferry vehicle deck while at sea, with drivers still in their cabs. One driver was trapped and had to be freed by emergency services. International Regulations International regulations prohibit passengers, including lorry drivers, from staying on the vehicle decks when at sea. The MAIB is warning that: while a ferry is at sea, the roll on, roll off decks should be occupied by only trained professional seafarers who are required to undertake safety and security patrols drivers who remain on the vehicle deck pose a danger to themselves and can cause delay in emergency response drivers who remain in their vehicle cabs could be in danger of asphyxiation by fire, or as a result of the fire suppression systems that may be released by ship’s...

Written Decision The Traffic Commissioner made orders to: revoke the operator licence held by The Skiers Lodge Ltd T/A TSL with effect from 00:01on 18 March 2019 disqualify The Skiers Lodge Ltd T/A TSL from holding or applying for an operator’s licence for an indefinite period disqualify Andrew Martin from holding or applying for an operator’s licence for a period of 2 years from the date of the public inquiry held on 4 October 2018 disqualify Andrew Martin from applying for or holding an operator’s licence anywhere in the EU until he re-qualifies by passing fresh examinations refuse the application made by TSL (Wales) Ltd T/A Easybus for an operator’s licence disqualify John Alan Jackson from applying for or holding an operator’s licence anywhere in the EU until he re-qualifies by passing fresh examinations revoke the operator licence held by Express Airport Transfers (Europe) Ltd T/A EAT The decision was made on 27 February 2019 Published 5 April...

DECISION OF THE TRAFFIC COMMISSIONER Ladywood Furniture Project Ltd Standard national licence OD0259306 Transport Manager Richard Girling Written version of decision given orally at a public inquiry in Birmingham on 28 February 2019 Decision Standard national licence OD0259306 held by Ladywood Furniture Project Ltd is revoked with effect from 0001 on 1 April 2019 pursuant to Section 27(1)(a) and (b) and 26(1)(e) and (f) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”). The good repute of transport manager Richard Girling is lost, pursuant to Schedule 3 of the 1995 Act. Under paragraph 16 of that Schedule, he is disqualified indefinitely from acting as a transport manager on any operator’s licence in the European Union. Reasons The reasons for the revocation of the licence are as follows: the operator lacks financial standing. The operator has lacked financial standing for the five vehicles for which it is authorised for a considerable period of time. Only in the last few days has the provision of an overdraft of £25,800 by the bank enabled the operator to show the sum provided. However, financial standing is a continuing requirement and it is not sufficient only to bring up the funds to the required level a few days before the public inquiry. Revocation of the licence is mandatory under Section 27(1)(a) of the 1995 Act; the operator failed to specify vehicles on its licence within the one month’s grace period, contrary to Section 5(6) of the 1995 Act; the operator has failed to fulfil the promise it made when applying for the licence...

How to avoid a “brake” in your confidence Traffic Commissioner Kevin Rooney reflects on the standards for regular brake testing Maintenance inspections. They’re there to make sure your vehicles are fit and serviceable at all times. And the MOT standard is always met. In fact, your regular inspections should be above that minimum standard. Brake testing Take the roller brake test at MOT. Getting an MOT pass is just the start of it. The MOT is the minimum standard. Your maintenance programme should do much more. For example, there are potential details on a roller brake test report that could indicate a defective component or impending failure. And it’s possible for characteristics within the system to change how it will perform, such as the fitment of non OE friction components. Test to the conditions Roller brake tests only assess the capability of a braking system in the conditions you test in. If you test a vehicle empty, then load it, the braking system’s being asked to deliver much more when it’s carrying that load. DVSA’s guide to heavy vehicle brake testing says that axles should be loaded to at least 65% of their design weight for testing. Trucks, and trailers particularly, can have very dramatic laden to unladen weight ratios. 3:1 is common for a tractor unit, 5:1 is not unusual for a trailer. If you find the wheels are locking out early – well before the expected performance figures have been reached (even for buses and coaches) – some form of additional loading is needed to get a worthwhile brake test. Analyse the results Performing a good test is...

Watch: two second gap reminder for drivers Footage offers stark reminder about the dangers of driving too closely to other road users ________________________________________ Worrying footage released by Highways England shows how quickly things can go wrong when drivers tailgate the vehicle in front. In the video, taken from the M6 in Cheshire, several cars break sharply as an unrelated incident unfolds ahead. As you’ll see, one car is struck by a HGV. There’s a dedicated Highways England website offering advice on how to deal with tailgating. All drivers should leave a minimum two second gap between them and the vehicle in front. In wet conditions, this should be at least...

Despatch for driver & rider trainers Improving the quality of driver training Making sure learner drivers are given the best possible training is a goal we all want to achieve. Better training equips them for driving safely on their own and will help reduce the number of people killed or seriously injured on our roads. The Official Register of Driving Instructor Training (ORDIT) scheme makes sure anyone wanting to become an approved driving instructor (ADI) is given a solid base of training, to help them teach learner drivers the skills they need. From today (1 April 2019) we’ll be refreshing the ORDIT scheme, to make sure newly qualified driving instructors have been given the right level of tuition and help. I wanted to let you know more about how we made the changes, what they are, and how they will help improve driver training. Why have we refreshed the scheme? The current scheme hadn’t been refreshed since it was implemented more than 10 years ago. This meant some of the assessments and practises no longer aligned with the National Standards for Driver and Rider Training and the National Driving Standard, from which learner drivers are taught the skills they need. It also gave us the opportunity to provide up to date guidance on joining the scheme on GOV.UK. This is something we hadn’t done before, and I think this a good step forward in preparing more instructors for joining the register by giving them easily accessible official advice and guidance. Gathering your views We started by holding workshops in Summer 2017, which were open to ORDIT trainers, driving instructors...