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TC disqualifies 'absentee' transport head indefinitely
Page 20
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A CPC holder who was nominated on three separate cences has been banned from acting as a transport manager after it was revealed she had barely visited the operators.
Transport manager Marjorie Simpson appeared before the North Eastern Traffic Commissioner Tom Macartney at a Leeds disciplinary inquiry along with one of her clients, Leeds haulier Humberhill, which held a licence for five vehicles. Simpson was also the nominated transport manager on licences held by M&M Driver Hire, of Ranskill, Nottinghamshire, and Dennis Hollingworth, trading as Hollingworth Hire, of Retford.
The TC was told that over the last five years, three immediate and three delayed prohibitions—one of which was endorsed as showing a significant maintenance failure—together with two variation notices, had been issued to Humberhill's vehicles. A check or the company's tachograph records had revealed a number of breaches of the drivers' hours rules, and the operation of vehicles that were not specified on the licence.
Macartney said that when the company submitted its licence application, Simpson stated that she was to be employed for a minimum of four hours per week. But new guidelines suggested that a transport manager at a fleet of that size should be working a minimum of 15 hours per week.
Disqualifying Simpson as a nominated transport manager for an indefinite period, Macartney said that she had been a transport manager on at least three licences, yet had visited the operating centres of each only once, or not at all. She conducted her business by mail and by telephone, which could not possibly provide the requirement to exercise continuous and effective responsibility. Her inability, for personal and domestic reasons, to travel made her current method of operation fatally flawed.
Revoking Humberhiirs licence, the TC said that the prohibitions issued and the unsatisfactory maintenance report indicated problems which would have been prevented by a sound transport manager being in place.
Both Hollingworth and M&M Driver Hire have since changed their transport manager. The TC took no action against Hollingworth, and gave M&M Driver Hire a formal warning in respect of one immediate and two delayed prohibitions issued to its vehicles, and a conviction for overloading.