Decision

Decision for Felixstowe Driver Recruitment Ltd, OF2034390 & Former Transport Mgr, Michael Smith & Drivers: Craig Fisher, Martin Roberts & Nigel Brown

The Traffic Commissioner for Eastern England's written decision for Felixstowe Driver Recruitment Ltd (OF2034390) and Michael Edward Smith, Former Transport Manager and Drivers: Craig Thomas Fisher, Martin Gordon Roberts & Nigel Patrick Brown.

• From: Traffic Commissioners for Great Britain
• Published: 3 April 2023

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Decision for Felixstowe Driver Recruitment Ltd, OF2034390 & Former Transport Mgr, Michael Smith & Drivers: Craig Fisher, Martin Roberts & Nigel Brown

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The Traffic Commissioner for Eastern England decided:

Former Transport Manager Michael Smith

• I am satisfied that I must record an adverse finding against his repute under section 27(1)(b). He indicated that he wishes to retire so I can disqualify him from relying on his Certificate of Professional Competence without setting a rehabilitation action or period. If he changes that approach, he can apply to vary that direction under Schedule 3, which would have to be referred to a traffic commissioner.

The Operator, Felixstowe Driver Recruitment Ltd, OF2034390

• the operator’s repute is severely tarnished. I determined that deterrent action is required to ensure that the operator secures the improvements required in order to comply with basic licence requirements. As the Upper Tribunal commented in 2019/025 John Stuart Strachan t/a Strachan Haulage: “one of the aims of the regime is deterrence, both for the appellant and for operators as a whole, who might be tempted to flout the system”. Mr Atkinson should be in no doubt that the licence will be at risk if he again delays to act. The operator’s licence was curtailed to 7 vehicles and 7 trailers from 23:45 tonight.

Drivers

• I took account of the shambolic approach to driver management, described above. They were reminded that, as professional drivers, they are expected to demonstrate that approach and to meet the standards. Both drivers described personal responsibilities which mean that they are committed to compliant driving in the future. Mr Fisher had been offered the opportunity of in-house refresher training by the Fleet Manager, but there had been no progress towards the Driver CPC requirements. I therefore allowed them 7 days to provide evidence of having booked that training. Mr Brown will be given 14 days to explain why I should not suspend his vocational entitlement, pending attendance at a Driver Conduct Hearing.

Published 3 April 2023