International haulier has licence revoked
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Murray Harper, which specialises in removals between the UK and Spain, has licence revoked by TC Jones
By Roger Brown
A SPANISH removals specialist that operated without a transport manager for several years, broke EU drivers’ hours rules and ran vehicles in a dangerous condition has had its O-licence revoked.
In a written decision, following a July public inquiry, Nick Jones, trafic commissioner (TC) West Midland Trafic Area, disqualiied Matthew Murray trading as Murray Harper from holding an O-licence for ive years. The business, which specialises in removals between the UK and Spain, was granted an international O-licence in 2006 for one vehicle and two trailers, with a UK address listed as Edgbaston, Birmingham.
Neil Brown, VOSA vehicle examiner (VE), told the hearing of the dificulties he had in tracking down the operator.
A maintenance investigation discovered that the MoT irst time pass rate at the business over the past ive years was 25%, and the MoT irst time pass rate over the past two years was zero. No safety inspection records were available, no driver defect reporting system was in place, and there was no forward planner. The authorised operating centre was not used and there was no maintenance contract in place. There had also not been a transport manager in existence on the licence for almost ive years.
Tracy Love, VOSA trafic examiner (TE), told the TC that Murray had failed to produce documentation relating to his CPC holder, driver schedules and other vehicles and trailers operated and full tachograph records when requested. She added that a lot of drivers’ hours were not accounted for and that the drivers were working more than the hours recorded.
According to Love, a number of offences were able to be hidden as drivers were double manning but not recording the details properly. In addition to the use of an HGV, the operator used light goods vehicles. On one occasion, one was stopped and found to be overloaded to the extent that it weighed more than 50% over its maximum permitted weight. Murray explained to Love that he and his business were entirely based in Spain and was unaware of any issues with the vehicles. When asked under caution if he was a sole trader trading as Murray Harper, Murray replied: “I am a Spanish limited company.” He said that because Spanish O-licence regulations require the use of HGVs no older than ive years, he held the UK O-licence in order to operate his much older vehicle.
However, TC Jones said: “I accept all that I was told by both TE Tracy Love and VE Neil Brown.
“Their evidence was of a haulier who ran vehicles in a dangerous condition, ignored EU rules relating to hours and records, operated without a transport manager for a number of years, and had only obtained a licence to facilitate his operations in Spain to minimise or avoid attention from the Spanish authorities.”