Decision for Dolphin Autos (Norwich) Ltd (PF0000185) and Danny Eastland (Transport Manager) and Megan Cooke (Former Transport Manager)
The Traffic Commissioner for Eastern England's written decision for Dolphin Autos (Norwich) Ltd (PF0000185) and Danny Eastland (Transport Manager) and Megan Cooke (Former Transport Manager)
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The Traffic Commissioner for Eastern England decided:
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I was satisfied that I should record adverse findings under the following sections: 17(3)(a), although Preventative Maintenance Inspections are now taking place as per the notification, 17(3)(aa), noting continuing weaknesses in the driver defect reporting and completion of maintenance inspections by reference to brake testing and the completion of records, resulting in 17(3)(c) – prohibitions.
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the operator referred to the challenge in tackling the driver culture and approach to driver defect reporting. It was not assisted by the circumstances leading to the prohibition issued to Ms Cooke. An instruction had been issued to drivers to carry out an additional check, particularly after school runs, but that was no reflected in any written instructions. Mr Martin was prepared to act and had dismissed two drivers for a failure to carry out their duties effectively. I noted the improvements in record keeping but that the driver reporting process required updating. The culture must improve, and drivers should understand the standards expected on those relying on vocational driving entitlements. Reference was made to the Senior Traffic Commissionmer’s Statutory Document No. 6 on Vocational Driver Conduct. I accepted an undertaking that:
Within 28 days of the hearing, the operator will have updated the Driver Handbook and have issued to all drivers, requiring additional driver defect checks to manage the risks from identified operations such as school runs, backed up by driver disciplinary processes to ensure compliance.
- I was told that the workshop had been extended to allow for the roller brake facility to be installed. Mr Cooke told me that a test bay had now been allocated so that transit vehicles will be put on a rolling road. The larger vehicles can be sent to Volvo for effective testing. The operator has finally purchased a temperature gun, but I accepted an undertaking that:
All vehicles will undergo a roller brake test as part of every Preventative Maintenance Inspection, using the DTp code from the previous annual test. The results will be recorded, and the records will be kept for at least 15 months.
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It is appreciated that the Transport Manager must scrutinise the Preventative Maintenance Inspection form before the relevant vehicle is returned to service. That had not been occurring. Mr Eastland explained that there had been difficulties in meeting the statutory duty when shared with another CPC holder, not least due to the family dynamic. This was corroborated by some of Mr Cooke’s evidence. She had been filling three roles, including driving, but has now reverted to managing the accounts. Ms Cooke chose not to attend the Public Inquiry. I did not excuse her attendance and was denied the opportunity to put questions to her. Correspondence indicated that she has no wish to return to those duties, but I was unable to identify a suitable rehabilitation measure without her present. I therefore recorded an adverse finding under section 27(1)(b) and directed that should she wish to vary that direction, the matter will need to be considered by a Traffic Commissioner.
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Going forward, Mr Eastland will be supported by two assistants (Josh and Andy), one has recently gained his own CPC, but Mr Eastland will be the named Transport Manager and will ensure continuous and effective management of compliance by the transport operation. He was issued with a final warning as to the impact on his repute if he fails to exercise that duty.
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Taking account of the Examiner’s positive comments, and the improvements to date, but also the need to ensure action in respect of brake testing and driver defect reporting, I determined that some deterrent action was required. I therefore varied the condition on the operator’s licence in effect curtailing the licence to a total authority of 40 vehicles from 23:45 tonight. I made clear to the operator that there would be even more significant intervention if there were further reports of non-compliance.