[2024] UKUT 312 (AAC)

‘The concerns set out below, together with the evidence and documentation you have previously provided, will be used by the Department to decide whether to take any action on your operator’s licence.

The Department has been notified of a number of Most Serious Infringements attributed to your licence. It also appears that you have not informed the Department of these infringements as you are required as per the conditions of your licence. A Most Serious Infringement has the effect of the operator losing good repute which is an ongoing and mandatory requirement to hold a licence. Any loss of good repute is subject to the Department considering, by way of an administrative procedure, whether loss of good repute would be a disproportionate response.

In order to assist with that determination the DVA undertook an audit of your systems and procedures in March 2022 and concluded that all areas were unsatisfactory. More recently an assessment of material you provided to the Department indicate some improvement, but gaps still remain. The Department will consider whether you have failed to meet the undertakings of your licence including the requirement to maintain vehicles and trailers in a fit and serviceable condition at all times, and to ensure you have sufficient systems and procedures to ensure drivers’ hours and tachograph rules are complied with. The Department will also make a determination whether the current operations are sufficient enough to conclude that loss of good repute would be disproportionate.

As you are the nominated transport manager this public inquiry will also consider whether you continue to meet the requirement to be of good repute to hold such a position. The Department has a requirement to disqualify a transport manager from holding such position if loss of good repute is found.

Due to the volume and type of failings outlined the Department had concern that the failing may be as a result of the absence of finances. In response to a letter from the Department, dated 15 February, you provided bank statements that fail to satisfy financial standing. The Department is therefore concerned that you do not meet the financial standing requirements for a single vehicle, let alone the volume of vehicles currently authorised by the licence.

The papers enclosed with this letter includes reports and documents that the Department intends to refer to at the public inquiry. The Department will also give consideration to any information provided to it between the issue of this letter and the public inquiry in regard to your licence. All pertinent information of this nature will be supplied to you within a reasonable timeframe before the public inquiry.’