Decision

Decisions for J R Tippers Ltd and A Riddel & Sons Scrap Metal & Skip Hire

Published 18 October 2023

0.1 EAST OF ENGLAND TRAFFIC AREA

1. DECISIONS OF THE DEPUTY TRAFFIC COMMISSIONER

2. CONJOINED PUBLIC INQUIRY HELD IN CAMBRIDGE ON 5 SEPTEMBER 2023

2.1 OPERATORS JR TIPPERS LTD: OF2024043 AND A RIDDEL & SONS SCRAP METAL & SKIP HIRE LTD: OF1042015

3. Background

JR Tippers Ltd holds restricted goods vehicle operator licence OF2024043, granted in July 2019, for one vehicle. The director of the company is Jake Riddel.

A Riddel & Sons Scrap Metal & Skip Hire Ltd (“Riddel & Sons”) holds  restricted goods vehicle operator licence, granted in 2005, for ten vehicles and five trailers. The director of the company is Andrew Glen Riddel (Jake Riddel’s father).

4. DVSA report

In spring 2023 DVSA traffic examiner Neill Gardener submitted reports on the two companies to the traffic commissioner’s office in Cambridge. Mr Gardener reported that:

• JR Tippers Ltd appeared to have been operating up to four vehicles, exceeding the authorised number (one); the extra vehicles were specified on the licence of Riddel & Sons;

• some drivers of vehicles specified on the licence of Riddel & Sons were employed by JR Tippers Ltd;

• tachograph units had not been recalibrated to reflect cherished number plates;

• in both companies, drivers had been driving without a tachograph card for long distances on numerous occasions.

5. Previous history

5.1 A Riddel & Sons

The company was given a strong warning for non-compliance in 2010. It attended a public inquiry in 2012 when the licence was curtailed by one vehicle for seven days after the company had failed to fulfil undertakings and its vehicles had incurred prohibitions. A further public inquiry was held in 2015, when the company’s operator licence was curtailed by three vehicles for seven days after further prohibitions had been incurred and the company found not to have fulfilled undertakings relating to roadworthiness of vehicles, driver defect reporting and drivers’ hours. The company attended yet another public inquiry in in January 2020, when the licence was curtailed by two vehicles for 14 days, again for prohibitions and failure to fulfil undertakings.

Further back in time, licence OF0229619 held by sole trader Andrew Glenn Riddel was revoked at a public inquiry in 2002 and he was disqualified from holding an operator licence for two years.

6. Public inquiry

In the light of TE Gardener’s report, the companies were called to a conjoined public inquiry. The call-up letters were issued on 1 August 2023, citing Section 26(1)(b), (c)(iii) (Riddel & Sons only), (ca), (e), (f) and (h) and Section 28 of the 1995 Act.

As JR Tippers Ltd had applied for an increase to three vehicles and a new operating centre, Sections 13B, 13C and 13D were also cited in that company’s call-up letter.

The inquiry was held in Cambridge on 5 September 2023. Present were respective company directors Andrew Riddel and Jake Riddel. JR Tippers Ltd was represented by Anton Balkitis, solicitor; Riddel & Sons was represented by Jake Finnegan, barrister. DVSA vehicle examiners Paul Dolby and James Fordham also attended.

A few days before the inquiry, the DVSA traffic examiner provided a report on the up-to-date drivers’ hours and tachograph data provided by JR Tippers Ltd. The report noted that vehicle Y22 JRT had been specified on the licence in January 2021 but that downloads from the tachograph unit had commenced only on 6 June 2023, two and a half years later. Driver infringement reports covering the period 1 May 2023 until the present had all been generated in late August 2023. Only one of the four drivers had signed the infringement letters. The conclusion to be drawn was that the operator was not regularly producing infringement reports.

A similar DVSA report into the tachograph data over the period 1 May 2023 to 31 July 2023 provided by Riddel & Sons noted that none of the divers’ hours infringement reports had been signed by either driver or operator. Vehicle units were not being downloaded within the required timeframe (90 days), nor were driver tachograph cards always downloaded within the 28 day limit.  

7. JR Tippers Ltd

7.1 Evidence of Jake Riddel

Giving evidence, director Jake Riddel made the following points:

• JR Tippers was an aggregates business operating 32 tonne tippers, separate from the metal and skip business of Riddel & Sons;

• he accepted that until a few weeks ago he had operated two vehicles, Y22 JRT and W22 JRT. He had needed more vehicles because he had more work;

• he had employed some drivers even though they drove for Riddel & Sons because they did not get on with his father Andrew Glenn Riddel. The drivers had driven JR Tipper vehicles during the night but had also driven Riddel & Sons vehicles at other times;

• he had recently had a compliance audit which had raised some issues (such as five out of the six PMIs looked at being late, one by 23 days, and continuing driver detectable defects) which would be addressed by a new transport manager he was intending to engage;

• he wished he had brought in such assistance earlier. He had changed maintenance provider after the November 2022 DVSA investigation;

• he was booked on to an operator licence management course later in September. He could not explain why he had not arranged to attend such a  course sooner.

7.2 Evidence of VE Dolby

VE Dolby had examined the recent maintenance records provided to the inquiry by JR Tippers. He noted that there had been an S-marked prohibition for a tyre defect given to vehicle W22 JRT, but this had been specified on Riddel & Sons’ licence and so had been attributed to that operator, although the driver had said that he was working for JR Tippers.

VE Dolby said that the preventative maintenance inspection (PMI) sheets were not always signed off as roadworthy and that there had been two instances of intervals of 10 weeks between PMIs (the stated interval being 8 weeks). A tachograph calibration date had been missed. A driver had first reported an inoperative driver’s seatbelt on 9 August 2023 and subsequent days: this was also recorded as a defect “needing immediate attention” on the PMI record dated 24 August 2023, but no rectification had been recorded. The driver continued to report “driver’s seat belt in/op” on daily defect reports up to 20 September 2023. PMI records still showed driver detectable defects (defects which should have been identified by drivers on their daily walk-round check and rectified straight away) but since May 2023 these were reduced in number.

I asked Jake Riddel why he had not done anything to rectify the driver seat belt issue. He said that he thought it had not been really unusable.

7.3 Closing submissions

For the operator, Mr Balkitis accepted that Jake Riddel had been naïve and without knowledge. But he had youth on his side and wanted to continue to operate. He had not been exercising full and proper control of the licence and had not acted with sufficient speed to improve compliance after the DVSA investigation in autumn 2022. He had relied too much on his father Andrew Riddel and now realised that he had to be his own man and keep his father out of the picture. He had now started to put things in place: an audit had been carried out and another would be arranged in six months’ time. A qualified transport manager had been engaged. A new account with Convey had been set up in JR Tippers Ltd’s name. Jake Riddel was booked on to an operator licence management course later in September.

Mr Balkitis accepted that Jake Riddel’s evidence at the inquiry about the number of vehicles he had operated differed from the evidence he had given in an interview under caution to DVSA in November 2022. But he had not realised the implications then. This was not a case where revocation of the licence was justified. Perhaps the requested increase to three vehicles could be granted in the more limited form of two vehicles, until the company built up a better track record of compliance.

8. Riddel & Sons

8.1 Evidence of Andrew Glenn Riddel

Andrew Riddel made the following points:

• PMI documents were sparse because the mechanics had been useless. He had dismissed the last one seven months ago and a Polish mechanic had been doing the checks regularly since then, albeit keeping no records;

• he had purchased a decelerometer for brake tests;

• he accepted that he had done little or nothing since the DVSA investigation in November 2022 to improve compliance;

• he now intended to step aside to let son Jake Riddel run things – both JR Tippers Ltd and a company, H Cope & Sons Ltd (licence OB0225832 for seven vehicles), which he had recently purchased and of which Andrew and Jake Riddel were now the directors.

8.2 Evidence of VE Dolby

Mr Dolby pointed out that Riddel & Sons’ MOT failure rate over the last 12 months was 80%. PMI sheets had not been provided by the company until 1 September 2023 (Andrew Riddel said that there was no one at the company to help him). There were large gaps of up to 12 months between PMI records (stated interval between PMIs was 8 weeks). Driver defect reporting was ineffective and there was little evidence of any brake testing. There had been two prohibitions from four encounters over the last 12 months, for insecure loads. Andrew Riddel had been found to have been driving on a Saturday morning without a tachograph card.

8.3 Closing submissions

For the operator, Mr Finnegan made the following points:

• remote downloaders had been installed in vehicles in June 2022, although no downloads or analyses had been carried out before the DVSA investigation in November 2022. Since then, drivers’ hours reports had been generated every month or so, although it was accepted that none had been signed by drivers and that there was no evidence of training or disciplining of drivers;

• it was accepted that PMIs were not carried out between July 2022 (when the previous mechanic had left) and July 2023. However, the July 2023 PMIs did not show thousands of defects, probably because the Polish mechanic had been looking at the vehicles (but not recording this) in the interim;

• it was accepted that no recognised brake tests were being done during that same 12 month period;

• it was accepted that this was a severe case, where revocation of the licence was warranted. Andrew Riddel’s history of compliance was not good, with a disqualification and several curtailments to his name;

• Andrew Riddel had not paid enough attention to compliance. Compliance had fallen apart when various people left the company. He now proposed to step aside from operator licensing;

• lending of the licence to JR Tippers Ltd had not taken place. Apart from W22 JRT (which it was accepted had been wrongly operated by JR Tippers), the vehicles had been operated by Riddel & Sons.

I noted that there were some discrepancies in the DVSA’s reports about the number of missing kilometres (ie kilometres when the vehicle was being driven without a tachograph card) attributed to each vehicle across the two licences. I asked DVSA to produce a revised note as soon as possible. In the meantime I adjourned the inquiry in order to receive this information and take a written decision.

DVSA duly provided the clarification on missing mileage sought. This showed a total of some 12,650 missing kilometres over seven vehicles across both licences during the period originally looked at (1 July to 30 September 2021). Mr Finnegan in a subsequent written submission challenged these new figures, pointing out that two different vehicles had exactly the same number of missing kilometres, which seemed highly unlikely. There were also, he said, some other discrepancies. Mr Finnegan did not dispute that Riddel & Sons had failed to monitor missing mileage or that drivers had driven without a card. But he did challenge the precise figures provided by DVSA.

For JR Tippers Ltd, Jake Riddel supplied a further note accepting responsibility for the missing mileage concerning Y22 JRT. He accepted that he had not been monitoring missing mileage properly until recently. But most of the 2021 missing mileage was related to maintenance movements. The 2023 missing mileage was explained by maintenance movements and by Andrew Riddel using the vehicle for persona; business on a  Saturday morning.

9. Consideration

9.1 Riddel & Sons

Andrew Glenn Riddel has a long history of failing to comply with requirements relating to roadworthiness and drivers’ hours. His sole trader licence was revoked and he was disqualified for two years back in 2002; the subsequent operator  licence held by Riddel & Sons has been the subject of a strong warning and three curtailments since 2010. He has now accepted that, yet again, he has failed to ensure compliance and that – in his words –has “not done anything” since the 2022 DVSA investigation to improve.   He accepts that he needs to step aside from operator licensing.

9.2 JR Tippers Ltd

I have considered the evidence of operating beyond the level of authorisation. I note that, when interviewed under caution in November 2022 by DVSA about this, Jake Riddel did not mention any of the reasons for this which he has given at the public inquiry ten months later (eg employing drivers because they did not get on with Andrew Riddel). Indeed, he specifically accepted that he had operated vehicles BA11 EYX and J8KEO as well as Y22 JRT (the vehicle specified on the licence) and stated that he did not know that he was authorised for only one vehicle.  I am unconvinced by the claim that he was overwhelmed by the gravity of the situation in 2022 and forgot to mention all the reasons he has since remembered at the public inquiry. If there were perfectly good explanations for the apparent operation beyond authority in November 2022, why not simply mention them?

Despite this, I have decided not to make a finding that JR Tippers Ltd was the operator of all of the vehicles in question (notably ASK 1P), as some of the vehicles did indeed appear more suited to the business carried out by Riddel & Sons than the aggregates business of JR Tippers (assuming Jake Riddel has told the truth about the nature of the two businesses).

But – and it is a big but – Jake Riddel has accepted that he did operate two vehicles for a considerable time, indeed right up to the past few weeks. In doing so, when authorised to operate only one vehicle, he has gained a competitive advantage over those companies which operate within the confines of their authorisation and have the funds necessary to support the number of vehicles for which they are authorised. Operating more vehicles than the number for which one is authorised strikes at the heart of the operator licensing system: it betrays the trust which a traffic commissioner should be able to have in operators to comply with the law. For Jake Riddel to operate beyond authority is bad enough: the offence was compounded by the fact that he continued to do so even after the November 2022 interview with DVSA when he was explicitly told that he could not do so. I accept that JR Tippers Ltd did apply for an increase in November 2022, but the acknowledgement letter from the central licensing team in Leeds stressed that no additional vehicles could be operated until the increase was granted (if it was). He nevertheless continued to do so. This is not the act of a company which is fit to hold an operator licence.

I have also been struck by the fact that, even today, PMIs are not taking place at the stated interval (the audit confirms this). And I have been truly shocked by the fact that a vehicle has been operated with a defective driver’s seat belt for almost two months, in the full knowledge of the operator. Jake Riddel owes a duty of care to his drivers: it is an act of breathtaking irresponsibility to fail to rectify a fault which a) exposes them to danger; and b) means that the vehicle will be driven unlawfully. Again, this is not the act of a company which is fit to hold an operator licence.

10. Riddel & Sons

10.1 Findings

I find that:

The company has failed to fulfil its undertakings

• to keep vehicles fit and serviceable. Vehicles were given no proper PMIs between July 2022 and July 2023.

• to keep maintenance records for 15 months. There are no records available for the 12 month period mentioned.

• to ensure that rules relating to drivers’ hours and tachographs are observed. Downloads were not taking place at the required intervals and infringement reports were not acted upon. A large amount of driving without a tachograph took place either unidentified or unaddressed by the company.

• to ensure the lawful operation of vehicles. Two vehicles received prohibitions for insecure loads.

the company is not fit to hold an operator licence. It has learnt nothing from three previous public inquiries and the attendant curtailments of its licence. It is as non-compliant now as it was then, if not more so.

10.2 Priority Freight  and Bryan Haulage questions

I asked myself the Priority Freight question of how likely it is that the company will comply in the future. Given its poor record and persistent failure to learn from public inquiries and curtailments, I conclude that it is highly unlikely. The company deserves to go out of business (the Bryan Haulage question). To be fair to Andrew Riddel, he has recognised that he has run out of road and has judged it best to step aside from running HGVs.

10.3 Revocation and disqualification

To ensure that this is the case, I am revoking the licence of Riddel & Sons under Section 26(1)(c)(iii), (e) and (f) of the 1995 Act. The revocation will take effect at 0001 hours on 5 November 2023, to give time for an orderly wind-up of the business.

For the reasons outlined above, I conclude that Riddel & Sons and its director Andrew Glenn Riddel should be disqualified under Section 28 from holding or obtaining an operator’s licence in the future and (in Mr Riddel’s case) from being the director of any company holding or obtaining such a licence. In deciding upon the length of the disqualification, I have taken account of paragraph 108 of the Senior Traffic Commissioner’s Statutory Guidance Document 10. This states that in serious cases where, for example, there are persistent operator licence failures with inadequate response or previous public inquiry history, a disqualification of between 5 to 10 years may be merited. I consider that this case falls squarely within this definition and am thus imposing a disqualification order of five years.

11. JR Tippers Ltd

11.1 Findings

I find that:

The company has failed to fulfil its undertakings

• to give vehicles PMIs every 8 weeks. On numerous occasions this interval was exceeded, as noted in the audit and DVSA reports;

• to keep vehicles fit and serviceable. Many PMIs record driver detectable defects. The PMI in August 2023 recorded an inoperable driver seatbelt as a safety related defect but no rectification was noted or carried out, as the same defect was noted by the driver throughout September;

• not to operate more than the authorised number of vehicles. A second vehicle was operated for a considerable period of time, even after the DVSA interview and warning from the central licensing team not to operate an increased number of vehicles before authority was granted.

• to ensure that rules relating to drivers’ hours and tachographs are observed. A vehicle with a digital tachograph was not downloaded for two and a half years after being specified on the licence. There is no evidence of any downloads being carried out or infringement reports being generated until August 2023.

• to ensure the lawful driving of vehicles. A vehicle was driven without a functioning driver seatbelt for almost two months

the company is not fit to hold an operator licence. Jake Riddel’s company took up an operator licence without him having the slightest idea of what  was involved. It is clear from the transcript of the DVSA interview that he had almost no knowledge of the requirements. Even at the date of the inquiry, he still had not undertaken an operator licence management training course, although ten months had passed since his interview with DVSA must have put him on notice that there were serious compliance problems. Jake Riddel has been very slow to make the necessary improvements and has really only started to do so when alerted to the fact that the company was going to be called to a public inquiry. At the inquiry itself, he did not at all come over to me as possessing the drive and determination required to turn the operation around. He seemed completely at sea.

11.2 Balancing act

I carried out a balancing act. On the negative side were the above findings. On the positive side was the fact that he has had an audit carried out (although the audit showed that the company was still non-compliant); that he has engaged a transport manager; that driver detectable defects are now fewer in number than previously was the case. But these positive items are heavily outweighed by the negative findings.

11.3 Priority Freight and Bryan Haulage questions

Given that Jake Riddel continued to operate two vehicles long after being warned not to do so, I can have little confidence that he will comply in future (the Priority Freight question). The evidence shows otherwise. A negative answer to this question will tend to suggest an affirmative answer to the Bryan Haulage question of whether the company deserves to go out of business. I conclude that, such has been the level, duration and range of non-compliance, that it does.

11.4 Revocation and disqualification

In the light of the above, I have decided to revoke the licence of JR Tippers Ltd under Section 26(1)(e) and (f) of the 1995 Act. The revocation will take effect at 0001 hours on 5 November 2023, to give time for an orderly wind-up of the business.

I have considered carefully whether JR Tippers Ltd and its director Jake Riddel should be disqualified under Section 28 from holding or obtaining an operator’s licence in the future and (in Mr Riddel’s case) from being the director of any company holding or obtaining such a licence. I consider that Jake Riddel requires some time out of the industry in order to educate himself about the requirements of operator licensing and the responsibilities of operators and to reflect on what went wrong and how to do better if he wishes to re-enter the industry at the end of that time. Running heavy goods vehicles is not an activity to be embarked upon as lightly and with as little knowledge and determination as he has done. In deciding upon the length of the disqualification, I have taken account of paragraph 108 of the Senior Traffic Commissioner’s Statutory Guidance Document 10. This suggests a starting point of between one and three years where this is an operator’s first public inquiry (which this is). I have therefore determined upon a disqualification period of 12 months, as being in line with these guidelines and proportionate to the case. The disqualification will apply from 5 November 2023 until 5 November 2024.

12. Implications for licence OB0225832 H Cope & Sons Ltd

Given that Andrew Glenn Riddel and Jake Riddel are disqualified with effect from 5 November 2023 from being directors of a company holding an operator licence, H Cope & Sons Ltd will need to appoint new directors by this date if it wishes to retain its licence. For the avoidance of doubt, the new director(s) should be in control of the business. Andrew and Jake Riddel must not act as shadow or de facto directors.

Nicholas Denton

Deputy Traffic Commissioner

4 September 2023