Sarah Bell, traffic commissioner for the South East and Metropolitan traffic area, said she was publishing her oral decision concerning East Kent Recycling so that other operators double stacking loaded skips could not claim they didn’t know the consequences of their actions.
The company had appeared before the TC at a PI in January 2022, but by February 2023 the DVSA said maintenance had improved, but the biggest concern was that the haulier continued to double stack loaded skips.
At a hearing before TC Bell, East Kent Recycling director Ky Campion admitted it was an unsafe practice and that he knew it was only acceptable if the load security methodology was approved by an enforcement authority.
The TC said: “Loads in skips are unpredictable, likely to move due to voids in the loads and often loaded by individuals with no regard to what happens once the skip is removed.
“Skips loaded with rubble behave differently to mixed loads and so on.”
Bell said she came very close to revoking the licence and that this was a proportionate response to load security issues even if other areas have improved.
However, she added: “It is only because the undertaking has been offered for an immediate cessation of double stacking loaded skips that I have stepped back.
“However, to mark my significant disquiet I have curtailed the licence for a period, to a point where I am told it will impact operationally, as opposed to removing any margin.”
In addition, she refused a variation application to increase authorisation and curtailed the licence to 20 HGVs from 30 for eight days.
She also ordered that the nominated responsible person for the licence, Robert Wilcox, attended a two-day transport manager CPC course.
The TC said: “Any operators double stacking loaded skips should read this decision carefully, with informed legal or similar assistance if required.
“Operators, transport managers and drivers have deemed knowledge of the advice and guidance in the public domain. There will be no room hearing for them to say ‘I didn’t know’ if found to be engaged in unsafe loading practices.”
