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Repute as transport manager lost over son's hours offences
Page 31
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A TRANSPORT MANAGER has lost his good repute as a result of taking part in his son's operation which, a disciplinary inquiry heard, had featured "wholesale abuse" of the drivers' hours regulations Robert Whittaker had been nominated on the fivevehicle licence held by his son, Ellesmere Port-based Lee Whittaker, trading as Fastchill.
Lee Whittaker's licence was revoked in June and he was disqualified from holding an 0-licence for five years following convictions for drivers' hours and tachograph offences.
Robert Whittaker told North-Western Traffic Commissioner Beverley Bell that his involvement had been an unfortunate episode. Lie should have stuck to his original instincts and avoided involvement. However, he had found it difficult not to help his son.
They had a major falling-out after a public inquiry in 2001 where vehicle maintenance was an issue and he told his son he was withdrawing his name from the licence. He had given his son until the end of last year as he assumed he was going to wind the business up.
Asked why he had not found the problems that led to the convictions, Whittaker said he had not checked the tachograph records sufficiently (CM 24 August). Deciding that Robert Whittaker had lost his repute. the TC said he was not working for his son on a propel. basis and was not even paid by him. He was also working full time for another employer.
There had been wholesale abuse of the drivers' hours legislation and a complete failure on the part of the operator and the transport manager to comply with their statutory responsibilities.
The TC rejected Robert Whittaker's explanation of his background and apparent guilt regarding his son's upbringing as being a justifiable reason for his failure to exercise proper and effective control as the nominated transport manager.
REPUTE RESTS ON COMPLIANCE The TC said it is open to Robert Whittaker to make an application for his repute to be regained but this would only succeed if he could persuade her that he understood not only the legislation but also the need for compiiance.