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Tribunal rejects ban
Page 33
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A disqualified transport manager wins appeal right because he didn't even know he was under scrutiny. Mike Jewell reports.
A TRANSPORT MANAGER who was barred from holding a licence for nearly three years has been granted the right of appeal because a Public Inquiry failed to warn him his conduct was under scrutiny The Transport Tribunal is allowing Stephen Sowerby of Co Durham-based FWTTransport to appeal against an order that he could not apply for a licence until after 24 March 2005. Sowerby had not been given notice that the inquiry would consider his actions and he was disqualified in his absence.
However, Sowerby's employer, Mr FW Teasdale, had a history of offences prior to FW1"s licence revocation in August 2002. The Tribunal said a licence held by FWTeasdale was revoked in March 2001 and he was disqualified from holding an 0-licence for two years on grounds of repute, professional competence and financial standing. Offences included a string of prohibition notices, convictions for vehicle excise offences and overloading.
In February 2002 a former FWT truck was seized at a site where its tank was found to be full of red diesel; it was not displaying an 0licence, Teasdale subsequently appeared at the site.
Another operator, Alexander Duncan, became implicated. He traded as JGR Bulk Haulage and formerly drove for FWT. In August 2002 a traffic examiner visited his premises and noted that many tachograph charts were missing. Most of those related to journeys by Teasdale, who was then working for Duncan as a driver.
Teasdale was subsequently stopped while driving one of Duncan's trucks and it was discovered that the tachograph chart was missing.
In August 2002 FWT Transport applied for a licence.The nominated operating centre was the same as that previously used by Teasdale. One of the directors was Joseph Kirk, who in February 2002 had been convicted of operating without an 0-licence. Sowerby was nominated as transport manager and signed the form, which revealed that he was also the transport manager for Duncan.
No one attended the 2002 hearing on behalf of FWT or Sowerby and the application was considered in their absence. Refusing that application, North Eastern TC Tom Macartney had said any application by the company or either of its two directors (the other director being Colleen Dunlop), or any fresh application by transport manager Stephen Sowerby, would be unlikely to succeed until after 24 March 2005.
For Sowerby, Christopher Harris said he had been given no nolice that his conduct was to be considered at the Public Inquiry, as the legislation required.
It was unfair that Sowerby should have been the subject of adverse comment when he h had no notice.
Agreeing, the Tribunal said whether the T( conclusions amounted to a finding of lack repute or of professional competence was n the issue. His conclusion was plainly to th effect and his decision was tantamount to disqualification. It emphasised that its concl sion was limited to the failure to give notice al did not address the merits of the case. •