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:ompetence ruling

17th May 1986, Page 13
17th May 1986
Page 13
Page 13, 17th May 1986 — :ompetence ruling
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Which of the following most accurately describes the problem?

Keywords : Environment

High Court ruling that m Plant (Services) Ltd of e is responsible for the s of its self-employed iort manager has led 'Western Licensing ;rity Roy Hutchings to [t that the company

; professional comperequirements.

;chings had considered action against the cornlicence on the grounds self-employed transport .ier did not meet the renents of the regulations. said it had been rethat the company had led charges of permitrivers' hours offences on isis that they were not tted by a responsible of the company.

)ther words, transport zer Phillip Plant is selfyed and was not a direcemployee of the corn Plant was the nominated transport manager and a director of a separate company.

Jonathan Lawton, for the company, said Phillip Plant is the son of the company's managing director, Gordon Plant.

The Divisional Court decided that Phillip Plant was the transport manager of the company on the basis that he was working full time for the company and therefore the company was guilty of permitting the offences (CM, March 23, 1985).

Phillip Plant said that he had his own company, Phillip Plant (North Rode) Ltd, which operates one vehicle permanently hired to his father's company and operated from the same operating centre.

He was his father's company's transport manager and he spent all of his working day at his premises. He sold his services to nobody else and he has total responsibility for the activities of the Gordon Plant vehicles.

Lawton said the company is now aware that it is fully responsible for Philip Plant's activities.


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