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TC suspects attempt to run a front operation

11th December 2008
Page 28
Page 28, 11th December 2008 — TC suspects attempt to run a front operation
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Which of the following most accurately describes the problem?

Keywords : Linda Perry, Tachograph

IC concerned that a failed operator's wife was not qualified to run a new transport business.

A WOMAN WHO "knew nothing about the transport industry" has lost her bid for a licence before the North Eastern Traffic Commissioner Tom Macartney. The TC suspected that the application could be a front for her husband's failed operation.

Linda Perry, trading as Hannah Transport, had sought a licence for four vehicles based at Clayton Street, Bradford. The TC was concerned that it might be a phoenix application on behalf of her husband Ewan Perry and that the nominated transport manager, Philip Nunn, had forfeited his repute when a previous licence, on which he had been a transport manager, was revoked in January 2007.

For Linda Perry, Gary Hodgson said it was now proposed that Mike Hunter would be the transport manager.

Traffic examiner Tim Mihailovic said that an analysis of Ewan Perry's tachograph charts for the period May 2007 to September 2007 had revealed a number of drivers' hours offences, a failure to produce tachograph record sheets and a number of false records in the name of Stewart Hirst. Some 43,521km were unaccounted for.

There were occasions when international work had been undertaken to southern Ireland, although the operator was only in possession of a national licence. On at least 70 occasions, Jason Perry, Ewan Perry's son, drove the vehicles although he was not a qualified HGV driver.

In his opinion, Linda Perry's involvement in the running of the business was minimal. He had formed the impression that she knew nothing about the transport industry and that Ewan Perry was the person still in charge.

Vehicle examiner Ian Isaac said that a vehicle had been used in May showing a disc for Ewan

Perry's licence, which had lapsed on 30 April 2008. Ewan Perry had said that the disc was being displayed at the time "to avoid any unnecessary pulls, basically-, Linda Perry agreed that she had continued to operate goods vehicles after the demise of Ewan Perry's licence as a result of financial difficulties. She said that she had been unaware of Nunn's history when the application was lodged. The company was currently breaking even, but the finances depended on further access to factoring funds

Refusing the application, the TC said that he could not be satisfied as to financial standing, repute or professional competence. Hunter was not acceptable to him as transport manager. The company had continued to run out of Hunter's premises without a licence and he must have been aware of that.


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