JD Freight O-licence suspended until Driver CPC training undertaken

Commercial Motor
December 17, 2012

A north-east haulier has had its O-licence suspended until all drivers have undertaken a Driver CPC training course.

John Thomas Foster trading as JD Freight had his O-Licence for four-vehicles suspended by North East Traffic Commissioner Kevin Rooney for a catalogue of failings that came to light over the past year.

The suspension came into force from 23.59 on 30 November and will not be lifted until Foster can prove his drivers have completed seven hours of CPC training, covering driver walkaround checks.

TC Rooney took the tough stance after a promise to introduce a driver training programme by the end of October made by Foster at a June public inquiry hearing was not kept.

In making his ruling, TC Rooney said: "No training had taken taken place. It was accepted that this undertaking had not been kept. I was shown evidence of CPC courses paid for and an operator licence awareness course similarly paid for. I was shown evidence that the operator had engaged ongoing support on transport manager activities.

"I concluded, though, that this was an operator who needed significant encouragement to get things done on time."

At a follow up hearing on 16 November, TC Rooney said a maintenance audit report revealed an "average" level of compliance but noted improvements had been made since a Vosa examiner visited in January.

It had previously been established that JD had moved operating centre - it was registered at Whitehouse Enterprise Centre, Newcastle Upon Tyne - without having applied for permission. This came to light after a Vosa officer visited the business at Bentall Business Park, Washington, and confirmed with site staff that it had been running out of there since January 2011.

A review of paperwork also revealed that vehicle defects reported by JD drivers had not been marked as repaired and the safety inspection record for a vehicle issued with an immediate prohibition notice showed the defect had been identified but not fixed. In November 2011, Foster was convicted at Southampton Magistrates Court of using an LGV without insurance. He was fined £525 and had his licence endorsed with six penalty points.

TC Rooney also refused Foster's application to double his fleet to eight vehicles, but approved the change of premises to the Bentall Business Park operating centre.

CM.com was unable to contact Foster for comment.

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