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Bed firm has operator’s licence suspended after jeopardising road safety

OTCA Dewsbury bed firm has been ordered to halt all deliveries after it was discovered it had been operating a lorry without a MOT for four months and had not checked if the vehicle had one.

Divine Sleep has had its operator’s licence suspended for 14 days until 19 September after a deputy traffic commissioner concluded the firm had jeopardised road safety.
Anthony Seculer ruled that a suspension of the company’s vehicle licence was necessary to ‘bring home to the directors and the drivers the seriousness of the situation.’

He also determined that the firm’s vehicles could not be used on any other licence.
During a public inquiry in Leeds last month, Seculer heard that a driver working for the company was stopped in January 2016 by a Driver and Vehicle Standard Agency examiner. The officer found that the vehicle did not have a valid MOT: it had expired on 31 October 2015.

During a follow up interview, company director Sammer Mohammed Tariq said the vehicle was newly purchased and had not come with an MOT certificate, though the trader had claimed the vehicle did have one. Tariq admitted he had not checked whether the vehicle was tested.
Further investigations revealed other issues, including: a three month tachograph check revealed a large amount of missing mileage;
digital tachograph driver and vehicle cards had not been downloaded: the operator was not aware of how to use tachograph analysis systems;
there were no systems in place to check records;
and there were no systems for checking infringement, drivers’ hours or working time directive compliance
At the inquiry, the company provided evidence of systems that had been put in place after the visit by the DVSA examiner, along with training that had been arranged for the director and general manager. ‘Mr Tariq has provided firm assurances that there will be a positive approach to compliance in the future. A transport consultant has been engaged to assist with systems, management and the licence, and an undertaking has been offered to keep a suitable consultant employed,’ Seculer concluded at the inquiry.