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A prohibition a month leads to indefinite disqualification

16th November 2006
Page 35
Page 35, 16th November 2006 — A prohibition a month leads to indefinite disqualification
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The firm's directors were rotated in what the Traffic Commissioner called a "bizarre variation on Buggins' turn". Mike Jewell reports.

A COMPANY that averaged one prohibition a month during its first year of operation has been disqualified indefinitely from holding or obtaining an 0-licence in any Traffic Area.

When Galahad Haulage of Burnham-onCrouch, Essex appeared before Eastern Traffic Commissioner Geoffrey Simms, its licence was also revoked.

Lapse in maintenance

Thc company. w hich held a licence for six vehicles and six trailers, had been called before the TC following the issue of 12 prohibitions in the first I 1 months of operation. These included eight immediate prohibitions, three of which were S-marked (showing a serious lapse in maintenance). Two of the S-marked prohibitions were issued within three weeks of the licence being granted.

The TC said transport manager Trevor Gay resigned as director in February. His son Robert Granger. who had changed his name from Gay by deed poll,replaced him.He was later replaced by another son, Andrew Gay. the sole current clirector.Trevor's wife Brenda had been corn party secretary throughout. The shareholders were Brenda Gay and Robert Granger.

Trevor Gay said he was the"de facto director" because it was he who found work for the lorries, instructed the drivers and checked on maintenance matters with Robert Granger. His sons had held their appointments because he wanted them ultimately to take over the reins.

TheTC said the manner in which the business had been structured and directed was "flawed from the start . The directors' mismanagement had resulted in vehicles being operated in a particularly unroadworthycondition,presenting a potential threat to road safety.The process by which father and then each son had,individua1ly. served a term as director constituted a "bizarre variation" on what was commonly described as "Buggins' turn" (rotating the top job without consideration of qualification).

The licence was granted on production of Trevor Gay's CPC and Brenda Gay's funding. Those funds were then either returned to Brenda Gay, or she withdrew them after the grant of the licence and re-deposited a few days after the call-up lel tcr arrived, Serious matter

The prohibitions were a very serious matter, with vehicles and trailers not being kept fit and serviceable to a significant degree. Finance was withdrawn when it was most needed: although £20.000 had been injected just before the public inquiry, the average balance for the three months under scrutiny was sufficient for only three vehicles. On the balance of probabilities. there had been insufficient finance for even one vehicle for much of the validity of the licence. •


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