Decision for Mohammed Akhtar t/a Euro Skip Hire
Written decision of the Traffic Commissioner for the West Midlands for Mohammed Akhtar t/a Euro Skip Hire
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SUMMARY OF THIS WRITTEN DECISION
The restricted goods vehicle operator’s licence, reference OD1038852, is suspended for 28 consecutive days from and including 03 June 2024 up to 2359 hours on 30 June 2024. This order is made under sections 26(1)(c)(iii) [prohibitions], 26(1)(e) [breach to the statements of expectation made when the licence was granted], 26(1)(f) [breach of the general undertakings on the operator’s licence] and 26(1)(h) [material changes since the licence was granted]. Mr Akhtar’s fitness to hold a restricted operator’s licence is now marked as “severely tarnished but not lost.”
During the period of suspension Mr Akhtar has no operator’s licence and cannot use any vehicle over 3.5 tonnes in weight for any commercial purpose. During that time none of his vehicles can be used on any other operator’s licence because I make a separate order under section 26(6) during the period of suspension.
If this decision is breached then it is difficult to see how Mr Akhtar could survive the resulting public inquiry without a loss of his operator’s licence and consideration of a lengthy (2 or more years) disqualification.
This decision is subject to Mr Akhtar first agreeing to the following two specific undertakings (very formal and very binding promises to me):
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That Mr Akhtar will always retain the services of a transport manager CPC holder (currently Mr David Chiltern) who will dedicate at least 2 hours per week to Mr Akhtar’s transport operation. If a transport manager CPC holder gives notice to Mr Akhtar to leave, then Mr Akhtar will immediately inform the Traffic Commissioner together with written assurances of how and when a new transport manager CPC holder will be retained; and
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Mr Akhtar will successfully complete an in person (not virtual) operator’s licence awareness training course (“OLAT”) from an independent, competent and accredited provider before 10 August 2024 and proof of doing so must be received at the Office of the Traffic Commissioner in Birmingham no later than 21 days after the course was undertaken.
I will give Mr Akhtar until 1400 hours on 17 May 2024 to confirm in writing that he agrees to those two undertakings. If he does not do that then I will be left with no choice but to reach a different decision to the one I have just made.