Decision for OK Transport Heysham Ltd
Written confirmation of the the decision of the Deputy Traffic Commissioner for the North West for OK Transport Heysham Ltd
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DECISION
OK TRANSPORT HEYSHAM LTD OC2031385
On findings in accordance with Sections 26(1)(b), 26(1)(c)(iii), 26(1)(e) and 26(1)(f) of the Goods Vehicles (Licensing of Operators) Act 1995, the standard international goods vehicle operator’s licence of OK Transport Heysham Ltd OC2031385 is curtailed from 4 vehicles and 4 trailers to 2 vehicles and 2 trailers with immediate effect and until further notice.
On the operator’s request, I direct that the standard international goods vehicle operator’s licence of OK Transport Heysham Ltd OC2031385 is varied with immediate effect to a standard national goods vehicle operator’s licence.
On findings in accordance with Sections 13A(2)(c) and 27(1) of the Goods Vehicles (Licensing of Operators) Act 1995, I determine that OK Transport Heysham Ltd OC2031385 does not meet the requirement of financial standing as at today’s date.
I grant a period of grace until 14 October 2024 for the operator to demonstrate financial standing. Failure to do so will result in revocation of the licence without further notice.
On findings pursuant to Section 27(1)(a) of the Goods Vehicle (Licensing of Operators) Act 1995 I find that the licence of OK Transport Heysham Ltd OC2031385 lacks professional competence as from 21 June 2024.
I grant a period of grace until 14 October 2024 for OK Transport Heysham Ltd OC2031385 to regain professional competence by completing the appointment of a suitably qualified Transport Manager (including approval of the appointment by the Traffic Commissioner). Failure to do so will result in revocation of the licence without further notice.
The following undertakings offered by OK Transport Heysham Ltd OC2031385 shall be recorded on the licence:
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The operator will provide original or copies (verified by the issuing bank or building society) of financial evidence in the name of OK Transport Heysham Ltd covering the period 1 July 2024 to 30 September 2024 to the Office of the Traffic Commissioner at Golborne by no later than 7 October 2024. This must show that the operator has continued to meet the required level of available finance throughout the period by reference to an average balance, dependent on the rates applicable at that time. Rates to be found in the Senior Traffic Commissioner’s Statutory Document No. 2 https://www.gov.uk/government/publications/traffic-commissioners-finance-march-2019 Where originals are not available each statement must be stamped and authenticated by the bank/building society.
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OK Transport Heysham Ltd 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 January 2025. 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 28 February 2025.
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All vehicles and trailers will undergo a laden roller brake test as part of every PMI (or within 7 days before or after the date of the PMI). The results will be recorded, and the records will be kept for at least 15 months.
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The operator will only engage drivers either as employees in accordance with current HMRC guidance or through a recognised agency with immediate effect and will provide documentary proof on request to the Office of the Traffic Commissioner.
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By 31 October 2024 Anna Jadwiga Ciesinska will either:
- attend in person an operator licence management training course; or
- participate in a virtual online operator licence management course.
Courses must be run by one of the following bodies:
- a trade association (Logistics UK/RHA/BAR/CPT),
- a professional body (IoTA/CILT/SOE/IRTE),
- 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,
- 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 Traffic Commissioner at Golborne within fourteen days of completing the course and by no later than 15 November 2024.
FORMER TRANSPORT MANAGER ANNA POCHLANIAK
The good repute of former Transport Manager Anna Pochlaniak is lost, pursuant to Schedule 3 of the Act. Under paragraph 16 of that Schedule, she is disqualified from acting as a transport manager on any operator’s licence with effect from 4 September 2024 for 12 months until 4 September 2025.