Licence swap leads to loss
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A Beattock-based company, which allowed an operator whose 0-licence had been revoked to put a vehicle on its licence, has had its own licence revoked by the Scottish Deputy Traffic Commissioner Richard McFarlane.
And the Deputy Commissioner disqualified Keith Millar, the transport manager of Bid house Surplus Stores Plant & Machinery, from holding or obtaining an 0-licence for five years.
the company's licence.
However, the company had no dealings with Finnings UK. All the arrangements were with Adams and the payments were made to him. Adams was subsequently convicted of using the vehicle without the authority of an 0-licence.
In August 1998 the same vehicle, again driven by Adams, was stopped in a check. He stated he was a self-employed driver, his wife owned the vehicle, which was on shortterm hire to the company.
Millar maintained he had hired the vehicle from Adams and used it on the company's licence.
For the company, Roger Colledge argued that the vehicle was under a legal hire agreement and it had therefore been in the lawful possession of the licence holder.
The Deputy Commissioner pointed out that the registered keeper was Mrs Adams, no formal hire agreement had been produced, and there was no evidence of an agreed rate for the hire of the vehicle, let alone the amount or frequency of payment of any hire charges. He said the company had no lawful right or title over the vehicle and Millar had absolutely no control over it. He did not know where it was parked when not in use, he knew nothing about the maintenance arrangements, he maintained no control over the driver and he did not obtain any tachograph records to ensure the drivers' hours regulations were being complied with.
It was clear to him that following the revocation of Mrs Adams' licence, Adams approached Millar with a view to having his wife's vehicle specified on the company's licence, said the Deputy Commissioner.
At the time of the approach. Millar, who was well acquainted with Mr and Mrs Adams, was aware their licence had been revoked. Millar made a formal application to have the vehicle specified on the company's licence and that application contained a statement relating to the vehicle which Millar knew to be false.
He was entirely satisfied that Millar had deliberately allowed the Adams back into the licensing system through the medium of the company's licence, said the Deputy Commissioner.