Tell the IC about convictions
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• The necessity for operators to report convictions, including fixed penalty notices, to the Traffic Commissioner within 28 days was emphasised by North Western Commissioner Keith Waterworth at a Leeds disciplinary inquiry
Sale, Cheshire-based Mike Drain had been called before the Commissioner because of concern over his maintenance arrange ments. In addition the Commissioner was considering an application for a new operating centre with an increase in authorisation from one to three vehicles.
Vehicle examiner Ron Buck said an immediate prohibition had been imposed on Buck's vehicle in July 1995 and clearance was subsequently refused. The same vehicle was given a delayed prohibition in January. A vehicle he examined in April was satisfactory but the inspection records were not fully completed. There was no forward planner or written driver defect reporting system.
Waterworth pointed out that Drain's attention had been drawn to similar shortcomings in a warning letter following a previous unsatisfactory maintenance investigation.
Drain said that paperwork suffered while he was expanding the business. There was now a wall chart and defect books in the vehicles. He was also going to employ a secretary. He had been unaware of the necessity to report a fixed penalty notice for a bald tyre to the Commissioner.
After Drain had admitted operating two vehicles, Waterworth said he had no authority to operate a second vehicle and he had been committing criminal offences by running it on the highway. For Drain, Malcolm Hamlin said the major problem had been the absence of systems.
Granting a second vehicle, with a final warning, Waterworth said he wanted Drain legal but he was not prepared to let him expand any further.
Indicating that the Vehicle Inspectorate would carry out an unannounced check within the next nine months, Waterworth told Drain: "I will punish you severely if there is any further backsliding."