Licence lost for lost repute
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The seven-vehicle . licence held by Amanda Cushing
of Sculthorpe, Norfolk, was revoked by Eastern Traffic Commissioner Geoffrey Simms after he found that both Cushing and her nominated transport manager, Peter Roper, were no longer of good repute. Simms also disqualified Cushing, who traded as Cushing Transport, from holding or obtaining an Operator's Licence for three years.
Traffic examiners gave evidence that following a request for the production of tachograph charts, a large number were found to be missing.
Analysis of the charts which were produced revealed a considerable number of apparent speeding, drivers' hours and tachograph offences. It was accepted that some of the records had gone missing when building work was carried out.
The TC heard that on occasion more vehicles had been used than were authonsed on the licence. Some vehicles seen in the yard were untaxed, and it was said that one had been taxed at the private light goods rate.
Cushing sale all the vehicles used on the road were taxed. A shunter had been taxed as private light goods, as they had believed that was right. Once it was pointed out that was not so, the correct tax had been paid Admitting that effectively there had not been a qualified transport manager for some time, Cushing said that first Roper's wife had become ill and then he had also become ill. She agreed she herself did not hold a CPC.
After questioning Cushing about the drivers' hours rules, the TC said he felt that she was not capable of fulfilling the role of transport manager. For Cushing, Jonathan Lawton pointed out that the interview carried out by the traffic examiners had not been under caution, and that none of the drivers had been interviewed. He said it was realised that Roper would have to be replaced.
There had not been any wholesale destruction of tachograph records, which might have been the case when an operator was trying to hide what had been going on. There was no evidence that drivers had been interfering with their speed limiters, and there was a question as to the seriousness of what was found by the traffic examiners when no prosecutions had been mounted.
Making the revocation, Simms said drivers' hours offences were a serious matter, as was the problem of the "phantom" transport manager. Taking all the matters together, he was persuaded that Cushing had lost her repute.