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Initial MoT pass rate was 0%
Page 33
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A firm disqualified and banned for 10 years owed more than E90,000 to Customs in back duty for the illegal use of rebated red diesel.
FALSE PAPERWORK, the use of red diesel and 0% first-time pass rate at annual test have led to a 10-year disqualification for a tipper firm that ignored a warning issued two years ago.
S&A Haulage of Crewe appeared before North Western Traffic Commissioner Beverley Bell at a two-day public inquiry. She revoked the company's six-vehicle licence and disqualified its two directors from holding or obtaining an 0-licence for 10 years.
In November 2004 the company gave a number of undertakings when it was given a formal warning by DTC Elizabeth Perrett.
On the opening day of the hearing, vehicle examiner Steven Anderton said he carried out a maintenance investigation last October. He issued one vehicle with an S-marked prohibition for loose vvheelnuts.
Very few defects were recorded on the inspection records, which was unusual, considering the arduous conditions in which the vehicles worked. The initial pass rate at annual test was 0%, with a final pass rate of 13.33%.
Asked about the undertaking to have the vehicle's roller brake tested, director and transport manager Preston Cato said he thought his maintenance contractor was doing it. He denied telling the vehicle examiner it was too expensive. Asked about the maintenance records, he admitted that the papenvork was "a bit fictitious sometimes".
He said that the other director, Jonathan Routledge,was his accountant and took no part in running the business, Asked about drivers' hours and tachograph convictions, Cato said he was not "hands on". The vehicles were on hire to a third party; a girl telephoned the foreman and then the foreman told the drivers what work to do.
The TC adjourned the hearing in order to enable Routledge to attend.
Impounded for red diesel On the second day, Routledge said one of its vehicles had been impounded after rebated fuel was found in its tank. A Customs & Excise investigation resulted in an initial determination that the company owed £88,443 in duty, pl us a reinstatement charge of L6,000.
Cato said he had taken the decision to use rebated diesel because he was having some cashflow problems, and it was cheaper than paying the full price. He was resolving this issue with Customs & Excise. Routledge said he was a director of the business, but he added that it really had nothing to do with him and his role was "distant". He was there to act as a bookkeeper.
Making the revocation and disqualification orders, the TC said the use of rebated fuel and the subsequent failure to declare the matter displayed a blatant disregard for the principles of fair competition. The lack of control by the directors and transport manager displayed a total disregard for the concepts of road safety and fair competition. The use of fictitious paperwork could not be tolerated. •