The decision follows adverse findings under sections 26 and 27 of the Goods Vehicles (Licensing of Operators) Act 1995, with the Traffic Commissioner determining that the operator no longer met the mandatory legal requirements of good repute, financial standing and professional competence.
An application by SJ Europe Limited to surrender its operator licence was refused. The Traffic Commissioner found that the surrender request was made at a time when regulatory action was already under consideration and concluded that it was more likely than not an attempt to circumvent the operator licensing regime.
The licence had been granted in August 2024 subject to undertakings, including refresher Transport Manager CPC training and an independent compliance audit. While the refresher training was completed, the subsequent audit identified serious and extensive failings, including the use of an incorrect daily walk around check system over an extended period, a lack of evidence of tyre and wheel security procedures, insufficient controls relating to third party trailer use, an absence of employment contracts and subcontractor agreements and a general lack of oversight of core compliance systems
The operator and Transport Manager demonstrated only a basic understanding of regulatory requirements and highlighted significant risks to road safety and the operator’s licence.
Despite being required to do so, the operator failed to submit improvement proposals within the required timescales. Matters escalated to a Preliminary Hearing and ultimately to a Public Inquiry, at which point Mr Atwal disengaged from the process, failed to comply with case management directions, and sought to surrender the licence rather than attend.
The Traffic Commissioner emphasised that operator licensing is a regime based on trust and transparency. The failure to cooperate with regulatory processes, produce records, or provide financial evidence prevented any current assessment of compliance or financial standing.
The decision records that such non engagement is an aggravating feature, particularly where undertakings were given to secure the grant of a licence and then breached shortly thereafter.
For full details of the decision, visit the Traffic Commissioner Regulatory Decisions page
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