Decision for ABC Scaffolding (Cumbria) Ltd
Written confirmation of the decision of the Deputy Traffic Commissioner for the North West for ABC Scaffolding (Cumbria) Ltd
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Decision
On findings pursuant to Sections 26(1)(b) (26(1)(c)(iii), 26(1)(e) and 26(1)(f) of the Goods Vehicles (Licensing of Operators) Act 1995,
On findings in accordance with Sections 26(1)(c)(i), 26(1)(c)(ii), 26(1)(c)(iii), 26(1)(e),26(1)(f) and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) the restricted goods vehicle operator’s licence of ABC Scaffolding (Cumbria) Ltd OC2019765 is curtailed from 5 vehicles to 3 vehicles for 21 days from 23:45 hours on Friday 23 August 2024 until 23:45 hours on Friday 13 September 2024.
I direct that the Operator shall provide the registration number of the two vehicles to be removed from the licence during the period of curtailment in writing to Office of the Traffic Commissioner at Golborne by close of business on Thursday 22 August 2024. I direct in accordance with the provisions of section 26(6) of the Act that those vehicles should not be used under any other operator licence during the period the curtailment is in force.
The following undertakings offered by ABC Scaffolding (Cumbria) Ltd shall be recorded on the licence OC2019765:
The operator will arrange an independent audit to be carried out by a DVSA-authorised audit provider, the RHA, Logistics UK or other equivalent independent body in January 2025. The audit will assess the systems for complying with maintenance and drivers’ hours requirements, and the effectiveness with which those systems are implemented. The audit should cover at least the applicable elements in the attached annex. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner at Golborne within 14 days of the date the operator receives it from the auditor and by no later than 28 February 2025.
All vehicles and trailers will undergo a laden roller brake test as part of every PMI. The results will be recorded, and the records will be kept for at least 15 months.
All vehicles will be submitted for a safety inspection immediately prior to presentation for annual test. A written record of such inspections will be kept for at least 15 months.
ABC Scaffolding (Cumbria) Ltd will engage Logico Transport Compliance Management to provide the services of transport consultant for a period of at least 12 months until 20 August 2025. If the arrangement with Logico terminates before that date, the Operator will inform the Office of the Traffic Commissioner at Golborne within 7 days of the termination date.
By 30 November 2024, Neil Clarkson will either:
- attend in person an operator licence management training course; or
- participate in a virtual online operator licence management course.
Courses must be run by one of the following bodies:
- a trade association (Logistics UK/RHA/BAR/CPT),
- a professional body (IoTA/CILT/SOE/IRTE),
- JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in goods transport, or,
- a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues (defined as having represented road transport operators and/or transport managers in at least 20 public inquiries over the past two years).
Virtual online courses must satisfy the criteria for such courses established by the traffic commissioners. Whether attending in person or participating in an online course proof of attendance must be submitted by e-mail to the Office of the Traffic Commissioner at Golborne within seven days of completing the course and by no later than 31 December 2024.