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Illegal use of Licence pushes TC into action
Page 30
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Two hauliers colluded to unlawfully use one licence disc, describing their act as an 'administrative oversight'
SCOTTISH TRAFFIC Commissioner Joan Aitken has refused to accept that the illegal use of a truck was an -administrative oversight-. She has ruled the transport manager responsible has lost his repute.
However, the company that owned the truck, Beattock-based East West Heavy Haulage, escaped with a warning after the TC ruled the nominated transport manager, Alasdair Rankin, the husband and father of the two directors, had lost his repute.
The TC was told that the directors were Rankin's wife, Jean, and their son. Christopher. Last August, a vehicle stopped by a traffic examiner displaying an 0-licence disc in the name of Charles Mcaughey, trading as Kirimar Plant, was actually being operated by East West. The vehicle had not been specified by East West on their licence, the authorisation being fully taken up.
Alasdair Rankin said that Walter Buchanan. of WJC Haulage, had been a director but left in 2006.
The arrangement with Buchanan was that to pay out his financial interest in East West, he would receive a vehicle and a low-loader trailer.
That vehicle and trailer left the East West fleet, but East West did nothing to remove the vehicle from their 0licence and return the disc because of an -administrative oversight". He agreed it was his idea Buchanan continue to operate the vehicle under the East West licence. He knew the vehicle was being operated illegally.
Admitting he had been disqualified as a company director until 2010, Rankin said he had been a director of East West Development, which had gone bust owing a lot of money.
He claimed the liquidator had not been helpful and would not assist in a claim against the main contractor. However, he had failed to provide sufficient information to the liquidator, including satisfactory accounts.
Jean Rankin said she worked in the business full time, running the office, leaving her husband to deal with transport and vehicle maintenance.
Rankin was responsibile for specifying or removing vehicles from the licence, but she accepted she held responsibility as director. Decisions for the business were made by her, with her son and husband taking on advisory roles.
It was her husband's idea to set up the haulage company. She was aware of his disqualification, but she denied being a front for him, saying she was actively involved in the business every day.
The TC said there was collusion between East West and WJC in permitting WJC to use an East West disc. It was done for mutual financial advantage, and was not an administrative oversight. The TC said she was satisfied regulatory purposes were met by taking Alasdair Rankin off the licence. •