No-licence subbies get haulier banned
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by Michael Jewell • A haulier who knowingly used unlicensed sub-contractors, one of whom did not even have an HGV licence, has had his Operators' Licence revoked and he is disqualified indefinitely from holding another.
Last week Eastern Traffic Commissioner Geoffrey Simms revoked the 55 truck and 75 trailer licence held by ex-Road Haulage Association member Loughborough-based F Sherwood & Sons (Transport).
Managing director Alan Sherwood was also disqualified from holding an 0-licence indefinitely, the company barred for two years and retired director John Cartlidge for 12 months.
At a Cambridge public inquiry the Commissioner heard that sub-contractor Paul McMahon did not hold an 0-licence or an HGV driving licence, and the company was aware two other sub-contractors, Keith Brown, of Middlesex, and Robert Grignon, of Borrowash, were unlicensed.
Simms ruled that the company had lost Simms: MD takes ultiits repute and said mate responsibility. that as the weeks and months passed the illegal operations continued. There was no evidence licences had been obtained or applied for. Those operations should never have been started until at the very least interim licences had been granted. They should certainly have been terminated when their reluctance to obtain licences became obvious. Three matters struck at the integrity of the 0-licensing system, said Simms: aiding and abetting three operators to use vehicles without 0licences; the conviction for aiding and abetting one of them to do so; and the use of an unauthorised operating centre; all with intent and for commercial gain.
The road haulage industry, through its trade associations, had been vociferous in its campaign to rid the industry of the menace of illegal operators.
Disqualifying Alan Sherwood, Simms said that as managing director he had to take the ultimate responsibility. Vic Essex, of the sales department at F Sherwood and Sons (Transport) says the company is currently seeking legal advice on the decision. As CM went to press the company had not appealed. Essex says the company stopped running at midnight last Saturday (22 August). However, Essex refused to comment on future plans for the company including possible job losses. TC Simms could allow the firm to continue operating while awaiting an appeal—failing that. Sherwood would have to go to the Transport Tribunal and ask for a stay, pending an appeal.