Decision for BMK Line Ltd (OF2042964)
Written decision of the Deputy Traffic Commissioner for the East of England for BMK Line Ltd
IN THE EAST OF ENGLAND TRAFFIC AREA
PUBLIC INQUIRY, CAMBRIDGE, 28 JANUARY 2025
OPERATOR: BMK LINE LTD LICENCE OF2042964
DECISION OF THE DEPUTY TRAFFIC COMMISSIONER
Decision
The standard international goods vehicle operator licence held by BMK Line Ltd is revoked with immediate effect, pursuant to Section 27(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995.
BMK Line Ltd and director Petru Luparu are disqualified from holding or obtaining any type of operator鈥檚 licence in any traffic area and (in Mr Luparu鈥檚 case) from being the director of any company holding or obtaining such a licence, pursuant to Section 28(1), (4) and (5) of the 1995 Act. The disqualification is indefinite.
Background
There was a change of ownership in BMK Line Ltd in September 2024 when Petru Luparu purchased it from the previous director Christache Anghel. Owing to this material change in circumstances, BMK Line Ltd was requested to provide evidence of continued financial standing.
The bank statements provided by the company in support of its contention that it continued to satisfy the requirements of financial standing were clearly forgeries. The company was thus called to a public inquiry in Cambridge on 3 March 2025. Nobody from the company attended and nobody from the company contacted my office in advance to explain why not.
Ex-transport manager Sivarajah Harriharand did attend the inquiry. I was satisfied that he had not been involved in the deception: he retains his good repute.
Findings
The company clearly lacks financial standing as it has had to doctor bank statements to try to show that it has sufficient funds to support a licence for three vehicles.
The company lacks good repute as it has deliberately falsified bank statements to try to deceive the traffic commissioner into believing that it has financial standing. Petru Luparu (sole director and shareholder) is the controlling mind of the company and the creator of the false documents. He is therefore not of good repute either.
The company lacks professional competence as the transport manager resigned on 16 February 2025 when he discovered that Mr Luparu had falsified documents.
Conclusions
Revocation of the licence
Revocation of the licence is mandatory under Section 27(1)(a) of the 1995 Act, as the company lacks good repute, financial standing and professional competence. The revocation of the licence takes immediate effect.
Disqualification of operator and director
Because of the deliberate attempt to deceive by creating false documents purporting to show financial standing, I conclude that both the company and director Petru Luparu should be disqualified under Section 28 from holding or obtaining an operator鈥檚 licence in the future and (in Mr Luparu鈥檚 case) from being the director of any company holding or obtaining such a licence. The disqualification is indefinite. If Mr Luparu wishes to argue that the disqualification be time-limited, he may request a public inquiry before a traffic commissioner. However, in line with paragraph 109 of the Senior Traffic Commissioner鈥檚 Statutory Guidance Document 10, I would not expect any definite disqualification period to be less than five years.
Nick Denton
Deputy Traffic Commissioner
3 March 2025