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Insufficient advertising sees licence bid refused
Page 21
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Invergordon-based Kildary Transport has had its application for an Operator's Licence turned down after advertising its bid only in a national newspaper.
The company had applied for a new national licence authorising the operation of four vehicles and six trailers before Scottish Deputy Traffic Commissioner Richard McFarlane at an Inverness Public Inquiry.
Traffic examiner Michael Dunlop said that the nominated transport manager, Murcia Mackay, had been convicted of two offences of insufficient rest in September 1999 and of failing to operate the mode switch in August 2002. Mackay had previously traded in his own right as Mackay's Bulk Haulage and his 0-licence had been suspended for three weeks in November 1997 because of concern over his maintenance record.
In August 2002 Mackay was stopped by police in a roadside check, said Dunlop. As a result, he requested the production of tachograph charts and payslips from Bannerman & Co on whose licence the vehicle was specified.
On analysis he detected 23 false records offences and three other offences. Tartat Yard, Kildary was being used as the vehicle's operating centre and not the operating centre of Bannerman & Co. The payslips revealed that Mackay was paid by Kildary Transport and not Bannerman & Co.
Mackay said that where there was missing mileage, he had probably not used a tachograph chart for "private use" journeys. He had also not used a tachograph chart when the vehicle had been taken out for a road test after maintenance or when used for testing trailers.
Truck driver Allan Munro said that he had been employed by Mackays Bulk Haulage. When that business ceased trading he was then employed as a driver by BM Transport, with which Mackay was also involved. He subsequently won a claim for unfair dismissal against that firm in July 2001, being awarded almost 14,000 compensation. However, he had not yet received any payment.
Finally Dunlop argued that the application was not valid as it had not been properly advertised. It appeared in The Scotsman but not in a local newspaper.
For the company, Niall Ramsay argued that any newspaper circulating in the locality could be seen as a local newspaper and The Scotsman was one such paper.
Refusing the application, the DTC said that The Scotsman was a national newspaper, and not a local newspaper as envisaged by the legislation. He added that if a further application was submitted, it would be appropriate for it to be considered at a Public inquiry.