Decision for Trojan-Mek Ltd (OG1128143) and Simon Caudle (Transport Manager) and Leighton Price (Driver) and Philip Thornburrow (Driver) and Shaun Bosley (Driver). Conjoined Public Inquiry and Driver Conduct Hearings.
The Traffic Commissioner for Wales' written decision for Trojan-Mek Ltd (OG1128143) and Simon Caudle (Transport Manager) and Leighton Price (Driver) and Philip Thornburrow (Driver) and Shaun Bosley (Driver). Conjoined Public Inquiry and Driver Conduct Hearings.
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Details
The Traffic Commissioner for Wales decided:
Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”)
Decisions made in respect of operator’s licence held by Trojan-Mek Ltd OG1128143
Adverse findings are made in terms of sections 26(1)(c)(i),(ii) and (iii) and section 26(1)(f) of the 1995 Act. The licence is curtailed under section 26(1) of the 1995 Act by 5 vehicles (i.e. authorisation is reduced from 8 vehicles to 3 vehicles) for a period of 2 months with effect from 23:45 hours on 17 October 2023. Vehicles removed from the licence may not be used under any other operator’s licence or specified in any other operator’s licence during the period of the curtailment by order made under section 26(6) of the 1995 Act. The operator’s repute is severely tarnished, but not lost.
The operator agrees to the following undertakings being attached to the licence:
i) Leighton Price, director, will attend an Operator Licence Awareness Training course (either in person or online) by 31 December 2023. Certificate of successful completion of that course must be sent to the Office of the Traffic Commissioner in Caernarfon by 14 January 2024.
ii) The operator will arrange an independent audit to be carried out by RHA, Logistics UK, or other suitable independent body (not NRT Consultancy or OLS-Uk Ltd), by 30 April 2024. The audit will assess the systems for complying with drivers’ hours and Working Time Directive requirements and the effectiveness with which those systems are implemented. A copy of the audit but report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the Office of the Traffic Commissioner in Caernarfon by 14 May 2024.
Decisions made in respect of transport manager Simon Caudle
Transport Manager Simon Caudle no longer satisfies the requirements of paragraph 14A of Schedule 3 to the 1995 Act to be of good repute.
Pursuant to paragraphs 16(2) of Schedule 3 to the 1995 Act, Simon Caudle is disqualified with effect from 23:45 hours on 11 October 2023 and indefinitely from acting as a Transport Manager in relation to any operator’s licence.
The Road Traffic Act 1988 (“the 1988 Act”)
Decisions made in respect of driver Leighton Price
Leighton Price’s Large Goods Vehicle driving licence is suspended for a period of 12 weeks pursuant to sections 115 and 116 of the 1988 Act with effect from 00:01 hours on 18 October 2023.
Decisions made in respect of driver Philip Thornburrow
Philip Thornburrow’s Large Goods Vehicle driving licence is suspended for a period of 4 weeks pursuant to sections 115 and 116 of the 1988 Act with effect from 00:01 hours on 18 October 2023.
Decisions made in respect of driver Shaun Bosley
Shaun Bosley’s Large Goods Vehicle driving licence is suspended for a period of 3 weeks pursuant to sections 115 and 116 of the 1988 Act with effect from 00:01 hours on 18 October 2023.