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Shot in the foot... twice

12th February 2004
Page 31
Page 31, 12th February 2004 — Shot in the foot... twice
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Which of the following most accurately describes the problem?

Illegal running from an illegal cent loses one operator his 0-licence.

Mike Jewell reports.

AN OPERATOR SHOT itself in the foot twice by running more trucks than its licence permitted then compounding the offence by running them from an unauthorised operating centre in the West Midlands. As a result, Midlands Recycling has had its Western Area 0-licence revoked by Traffic Commissioner Philip Brown, who said the facts "painted a damning picture".

The company appeared before the TC at a Bristol disciplinary inquiry after six of its vehicles had been impounded in the West Midlands. The TC heard that the company, which held a licence based at Wotton-under-Edge, had actually been operating from a site in Droitwich.

Infringements

Traffic examiner Nicola Derby said a check on the company's tachograph charts for December 2002-March 2003 revealed various infringements, including damaged charts and illegible entries. She believed the company was operating more vehicles than its licence allowed.

Roger Morgan told the TC that he was now the director of the company. However, he would not say who was giving the drivers their day-to-day instructions except to say 1hat he relied on the drivers.

He declined to say if the rules were being complied with and he made no comment about the number of vehicles which were being operated.

He claimed not to know the company's registered address or the identity of the company secretary. Derby said that when she interviewed Morgan he had replied: "No comment". He had not said what he did or what his exact duties were.

Asked if she had any impression of what Morgan did. Derby said she had not and she had not learned anything further since the interview. Morgan said the company had been formed in July 2002, the directors being Robert Oakley and John Wood as secretary. Oakley had resigned in November 2002 and Morgan was taken on the board in December 2002. prior to which he had been a truck driver working on and off for the company.

He agreed that he was unaware of the need to apply for a change of operating centre and that the use of another centre in a different Traffic Area could not exceed 90 days. He also agreed that though an application had been made in the West Midlands TrafficArea, the wrong form had been completed.

Morgan added 1hat Wood had resigned as secretary and then reappointed himself aln irnmediately."It was an internal thing," he s Accepting that he had no professic expertise and that there was a catalogu, offences. Morgan said: "I didn't have a cli tripped over and corrected things on an ad basis but I'm now in the process of engagi. CPC holder. I apologise for what has gon, before." He agreed that the company was operating illegally.

Revoking the licence, the TC said the f painted a damning picture. Morgan 's prede sor had conveniently resigned and he had left to pick up the pieces. However.he desei some credit for the remedial action he taken with the drivers. •


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