O-licence saved by ‘the finest of margins’
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Birstall Plant and Demolition’s O-licence spared thanks to early preparation for Driver CPC training
By Roger Brown
BATLEY-BASED Birstall Plant and Demolition has avoided losing its O-licence by the “finest of margins” after being given credit for getting all its drivers to complete their mandatory Driver CPC training well in advance of the September 2014 deadline.
However, in a written decision following a September public inquiry (PI) in Leeds, traffic commissioner (TC) for the North East Kevin Rooney suspended the firm’s licence for two weeks from 19 October to 2 November, and curtailed its authorisation indefinitely from seven to four vehicles due to its failure to uphold vehicle maintenance standards and report convictions.
During the PI, the TC was presented with evidence from a Vosa vehicle examiner who visited the operator in April. He said the business had an unsatisfactory system for maintaining its fleet, including that vehicles had not been presented on time for routine safety inspections – on eight occasions.
Evidence of prohibitions issued to vehicles confirmed that nine mechanical defect notices had been recorded since the operator’s last appearance at a PI in May 2010. On one occasion, the prohibition indicated a significant failure in the haulier’s maintenance systems. The firm had also picked up two fixed penalties – one for an overloaded vehicle and one for failing to produce tachograph records recording driver duty. In addition, an employee had been convicted for driving a vehicle with a dangerous tyre.
The Health and Safety Executive had also prosecuted the business at Burtonon-Trent Magistrates’ Court in May, which resulted in a £10,000 fine. An employee had been carrying out demolition work at a warehouse in Burtonon-Trent in June 2010 when he cut into a metal gas pipe that ignited in his face.
Birstall Plant and Demolition pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. The firm was required to notify the TC about those convictions but failed to do so.
Director Virginia Walker told the TC that the company was not the main contractor on site, and had assumed the prime contractor would make the site safe. She was also unaware that a driver had been convicted for the vehicle safety offence. Walker said she had been predominantly involved in the accounts and administration of the business, leaving the transport side to her qualified transport manager.
After he left at short notice in March, she replaced him with someone who did not hold the required CPC certificate.
She subsequently asked her son – who did hold the necessary professional qualification – to carry out those duties.
The TC made clear his disappointment at the company’s decision not to meet undertakings it agreed at the previous PI in 2010, which included to have an independent audit of its maintenance systems carried out.
TC Rooney said he had given the company “significant credit” for getting all four of its drivers to complete their Driver CPC training before it became aware of Vosa’s maintenance investigation. The TC added: “I am, by the finest of margins, persuaded to allow the licence to continue on this occasion.” Walker gave the TC a commitment to attend an O-licensing awareness course, as well as appoint a new transport manager.
Last chance
TC Rooney also warned the company that if it failed again to keep the promises made, he would proceed with action to terminate its O-licence.