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Loss of repute must be reconsidered
Page 30
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THE TRANSPORT liibunal has ruled on appeal that a transport manager should have the loss of his repute reconsidered.
Brian Smith, the nominated transport manager on a licence held by Durham-based Anglo Dutch Logistics (ADL). had lost his repute in a hearing before the North Eastern Traffic Commissioner Tom Macartney.
At that inquiry, the TC revoked the firm's licence for four vehicles and six trailers.
The decision came following illegal operation by an associated coach company, which was run by Ralph Brown, the common-law husband of Anne Stidwell, ADL's sole director. Evidence showed that the ADL licence had been obtained by deception because a false declaration had been made on the application form.
The TC also chose to disqualify Stidwell and a former director David Pritchard from holding an 0-licence indefinitely (CM 25 September 2008).
Smith had been invited to attend the public inquiry, but had not been required to do so. He was notified his repute was an issue in view of the evidence at the public inquiry. He was given 28 days to make written submissions concerning his repute or to request a public inquiry.
In reply, Smith wrote to say that he had never done any work and was never paid. The licence was never used because a lucrative contract did not materialise.
He maintained that he had no connection with the coaching operations.
In finding that Smith had lost his repute, the TC said he was the nominated transport manager on the application. He had the responsibility for the licence, hut failed to exercise his duties.
The Tribunal said the TC should consider the basis on which Smith offered his services to Anglo Dutch when the company did not have any work and whether or not there was a draft contract of employment.
He should also examine the connections Smith had with Brown and the various trading entities involved in the light of evidence that he was a driver with Pritchard of a Dutch-registered coach.