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J Browne wins back Licences on appeal
Page 20
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Upper Tribunal Judge overturns IC's decision to revoke 0-licences for failure to have transport manager in place
HEAVY PLANT AND tipper haulier J Browne, which had its 0-licences revoked because it had no transport manager in place, has won its appeal to have them returned.
Frances Burton, Upper Tribunal Judge, overturned December 2010's written decision of South Eastern and Metropolitan Traffic Area Traffic Commissioner (TC) Philip Brown, which revoked the licence of J Browne Plant and J Browne Construction for having no nominated transport manager from December 2008 and March 2009, respectively.
A public inquiry in September 2010 had considered evidence from VOSA officers that the nominated transport manager at the two businesses — both authorised to run 15 vehicles — was no longer acting in that capacity.
The company explained that since the departure of the previous transport manager in December 2008, an employee who had been earmarked to take over the role had failed two of his CPC modules, and then left the company.
A proposed new transport manager was booked on a course to take the CPC examination, and passed it.
However, administrative failures meant the TC's office had not been informed he was the new Transport Manager.
Disciplinary proceedings were then started against him leading to his dismissal.
On appeal, the J Browne companies admitted they had made a "monumental mess" of transport manager issues in the past three years, but said that they had learned from it. They also pointed out that at the inquiry the TC had said he was quite happy with the proposed new, permanent transport manager at the company, who has a national CPC.
J Browne said it was a paradox for TC Brown to revoke the licences after he had expressly authorised the appointment.
The companies added that throughout the time there had not been a nominated transport manager in place, a CPC holder had been available at the firm who could have been nominated as an interim manager.
However, despite his 10 or 12 years' service as a fitter, the man was not nominated, because the company preferred to get someone else trained.
Since the problems over the appointment of a transport manager had surfaced, the company had brought in a transport co-ordinator to supervise transport management operations.
Judge Burton said: "With regards to the issue of the failure to nominate a transport manager, it appeared to us that, although clearly such an obvious failure cannot be overlooked, this was more of a technical rather than substantive breach, since there had at all times been a longstanding employee with a CPC who could have been nominated, albeit he was not.
"However, at the same time, there were other employees who were actually performing the functions of transport manager."