Decision for LG Upright Scaffolding Limited (OC2029644)
The Deputy Traffic Commissioner of North West England's written confirmation of oral decision for LG Upright Scaffolding Limited (OC2029644)
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The Deputy Traffic Commissioner of North West England decided:
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On findings in accordance with Sections 26(1)(c)(iii), 26(1)(f) and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995, the restricted goods vehicle operator’s licence of LG Upright Scaffolding Limited OC2029644 is curtailed from 2 vehicles to 1 vehicle for 14 days. This direction will take effect from 23:45 hours on Friday 24 May 2024 until 23:45 hours on Friday 7 June 2024. I direct in accordance with the provisions of section 26(6) of the Act that the vehicle HN08 PVV should not be used under any other operator licence during the period the curtailment is in force.
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A formal warning is recorded against LG Upright Scaffolding Limited OC2029644
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The following undertakings offered by LG Upright Scaffolding Limited shall be recorded on the licence OC2029644.
i. 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 October 2024. 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 30 November 2024.
ii. By 31 May 2024 Lee Griffiths and Nicola Griffiths will either:
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attend in person an operator licence management training course; or
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participate in a virtual online operator licence management course.
Courses must be run by one of the following bodies:
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a trade association (Logistics UK/RHA/BAR/CPT),
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a professional body (IoTA/CILT/SOE/IRTE),
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a JAUPT accredited training centre or an exam centre approved by an accredited body to offer the transport manager CPC qualification in goods transport, or,
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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 Office of the Traffic Commissioner at Golborne within seven days of completing the course and by no later than 30 June 2024.
iii. All vehicles will undergo a laden roller brake test as part of every alternate PMI so that four such tests are completed every year (including at annual test). The results will be recorded, and the records will be kept for at least 15 months.
iv. The Operator will continue to engage the services of Nick Hudson of Transport Management Services until at least 31 March 2025. If the arrangement ends before that date, the Operator will inform the Office of the Traffic Commissioner in writing within 7 days of the arrangement ending.