0-licence abuse shocks TC
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Having heard evidence that Dynamic Construction of Kempsey, Worcester had lent licence discs to another operator, West Midland Traffic Commissioner David Dixon described the company's conduct as "one of the worst cases of abuse of operator licensing i have ever come across".
Dixon revoked its licence for 32 vehicles and 25 trailers and disqualified the company and managing director Jane Southall from holding an 0licence for a year.
He also warned that he would not consider any licence applications by Southall's husband Anthony, who had resigned as a director in April 1999, for at least 12 months.
Paul Carless, appearing for the company, said it had foolishly entered an agreement with John Bruce, of Ivory Plant Hire, that he could run his vehicles on Dynamic's licence. When the Southalls realised this was wrong they wrote to the Traffic Area Office asking for the Ivory Plant vehicles to be removed from the licence. Ivory Plant had refused to return the licence discs and its drivers were still telling people they were running on Dynamic's licence, Carless added. But he conceded that Ivory Plant had used the discs for seven months with the company's consent.
Anthony Southall said Bruce had vehicles and drivers; the arrangement was that he would use them on Dynamic's work using Dynamic's 0-licence. Dynamic's nominated CPC holder had left over a year ago and Bruce promised to provide a CPC holder.
The intention had been for a partnership to be created but Bruce kept fobbing him off, Mr Southall added. He told the TC that when he learned Ivory Plant was tipping illegally, his wife decided to retrieve the licences in January.
Asked about a subsequent fax requesting the reinstatement of the vehicles on the licence, Mr Southall said the signature was not his—and Carless pointed out that Ivory Plant's number was on the bottom of the fax.
Southall denied telling a member of the Traffic Area staff that the vehicles were his during a telephone conversation about reinstating them on the icence. He alleged that when he went to Ivory Plant's yard to get the discs back Bruce came at him with a wheelbrace. The police were called and he asked them to take the discs out of the windscreens.
As far as he knew, the police and the traffic examiners now had the discs.
Finding that both the company and Mrs Southall had lost their good repute, the TC said when ivory Plant's vehicles were improperly put on the Dynamic iicence, Ivory Plant's interim authority had come to an end as rts own licence application had been refused.
Over several months the Southalls had lent up to 12 licence discs to Ivory Plant knowing it did not have an 0licence. Clearly they would not have done that if they did not benefit from it,