Decision for Ardealu Transport Ltd (OF2034752) and Cornel Nicusor Onea (Former Transport Manager) and Vasile-Ioan Pascu (Driver)
The Traffic Commissioner for Eastern England's written decision for Ardealu Transport Ltd (OF2034752) and Cornel Nicusor Onea (Former Transport Manager) and Vasile-Ioan Pascu (Driver)
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The Traffic Commissioner for Eastern England decided:
Ardealu Transport Ltd (OF2034752) and Cornel Nicusor Onea (Former Transport Manager)
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in the absence of any explanation to the contrary, I was satisfied that I should record adverse findings under the following sections: 26(1)(a) – use of an unauthorised operating centre, 26(1)(b) – conditions on licence to notify changes, in this case relating to the ability to hold the licence including the involvement of a Transport Manager meeting Schedule 3, 26(1)(c)(iii) – prohibitions, 26(1)(ca) - fixed penalties, 26(1)(e) – statements relating to where vehicles would normally be kept, who was responsible for continuous and effective management, and to abide by conditions on the licence, 26(1)(f) – undertakings (vehicle to be kept fit and serviceable, driver defect reporting, complete maintenance records, drivers’ hours and tachographs), 26(1)(h) – material change. This was a bad case made worse by the failure to attend the hearing.
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The decision by Mr Onea to absent himself is not indicative of a reputable Transport Manager or someone who can meet the requirements of Schedule 3. I therefore recorded that adverse finding against his repute under section 27(1)(b). I directed that he should be disqualified from relying on his Certificate of Professional Competence. In his absence it was difficult to set an appropriate rehabilitative measure. He can seek to vary the direction but will need to appear before a Traffic Commissioner to satisfy them as to his ability to meet Schedule 3 in future.
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As identified, the actions of the sole Director were an essential element in considering the repute of the operator. The failings straddled both traffic and vehicle management. As the Upper Tribunal has repeatedly stated, drivers’ hours compliance goes directly to road safety, as does the approach to maintenance. Even if the mandatory and continuing requirement for financial standing could be shown, which it was not, I concluded that it was unlikely that the operator would ensure future compliance due to the attitude of that Director, see the Upper Tribunal in 2009/225 Priority Freight. In the absence of any explanation, I deemed that the operator must be removed from the industry. The Office of the Traffic Commissioner will now seek an explanation from Mr Browning as to his position.
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This is not the operator’s first Public Inquiry. I am concerned by the attempts to put the operator beyond consideration of regulatory intervention. I determined that there was a need to take deterrent action so that the operator was clear that this situation cannot continue and that other operators would understand the need to comply, as per the Upper Tribunal in 2019/025 John Stuart Strachan t/a Strachan Haulage and more recently in 2022/1227 Lineage UK Transport Ltd. I therefore disqualified the operator from holding or obtaining an Operator’s Licence for a period of two years. I made a similar direction in respect of its Director, Mr Moldovan. The revocation takes effect from 23:45 tonight.
Driver Pascu
Driver Pascu made some admissions at interview but failed to appear to offer any assurances as to his future conduct. The conduct equated to deliberate falsification or use of a device. I therefore adopted the Senior Traffic Commissioner’s starting points to revoke the vocational entitlement and to disqualify, that will be for a period of 24 months.