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Revoked dad must stay away from daughter's business
Page 33
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A firm gets an 0-licence after making a 'no-involvement' undertaking, but is told to keep an eye on drivers' hours. Mike Jewell reports.
A LIVERPOOL WOMAN has been granted an international 0-licence after giving an undertaking that her disqualified father would have no involvement in the business. Thorburn Transport, whose sole director is Jeanette Thorburn Warder, was seeking a new international licence for 15 vehicles and 15 trailers; the company had been operating under interim authority since January Last year the Transport Tribunal confirmed the revocation and six-year disqualification of Crown Cold Stores & Distribution (CM 9 November 2006, 'Tribunal decides disqualified director could not be trusted'). Jeanette Warder's father Wallace Thorburn was its transport manager; her sister Karen Thorhum Jones was its sole director.
TC's concerns
North-Western Traffic Commissioner Beverley Bell was also considering an application for a two-vehicle, four-trailer international licence for Springer Logistics whose sole director, Patrick Allam, was the current transport manager of Thorburn Transport; the two firms are based at the same site.
The TC said she was concerned about the applicants' compliance with the hours and tachograph rules following a report from traffic examiner Joanne Henharen who had found distance-trace mismatches and taken the charts away for further analysis. There were seven cases of missing mileage involving three drivers who had committed five false-record offences between them: she also found some drivers' hours offences.
In reply to Michael Cunningham, appearing for the two companies, Henharen said she was satisfied that the Thorburn company was checking charts and had comprehensive systems in place. She felt the problem had been that Attain had been relyingonsoftware,while she had picked up problems visually almost straight away. She had not recommended the company for prosecution for any of the offences.
Henharen told the TC she had visited the premises twice when Wall ace Thorburn was present. She had asked what his role was and had been told that he helped out in the office and drove occasionally. One of the drivers who had falsified a record had said he left the company because ofThorburn but had refused to elaborate. Allam said the failure to detect the falsifications was his error as he had not checked the V-traces. At the time they were using black charts but had since changed to red charts which were easier to read. Drivers now kept a diary of their daily activities, including anything out of the ordinary that might lead to questions over drivers' hours.
As good as possible
Simon Riding, Thorburn's proposed second transport manager, said he wanted the company to be as good as it could possibly he.
Jeanette Thorburn Warder said her father owned the premises and did visit them but had nothing to do with running the business. She gave an undertaking that her father would not hold shares, take office or be employed in any capacity. Granting both licences on condition that Riding was nominated as a second transport manager for at least six months, the TC said the Thorburn company must take "swift and effective" steps to eradicate any drivers' hours problems •