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Haulier with 20 prohibitions loses licence

15th January 2009
Page 24
Page 24, 15th January 2009 — Haulier with 20 prohibitions loses licence
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Keywords : Business / Finance

AN OPERATOR who received 20 prohibitions in five years has had his licence revoked.The Traffic Area Office had not been notified when he changed from a sole trader to a limited company, making the operation of his vehicles illegal.

The licence for 12 vehicles and one trailer held by Airdrie-based John Higgins, trading as JH Civil Engineering, was revoked by ScottishTraffic Commissioner Joan Aitken after financial evidence produced was in the name of JH Civil Engineering Ltd.

Higgins had been called before the TC at an Edinburgh disciplinary inquiry because of concern over his vehicle maintenance record.

The TC was told that over the last five years,Higgins' vehicles and trailer had attracted 13 immediate and seven delayed prohibitions, together with seven variation notices. Two of the immediate prohibitions were S-marked, indicating a serious lapse in maintenance.

The TC said she had a report from Lothian and Borders Police of a wheel-loss incident on the M8 on 17 October 2008. The rear offside double wheelbase and tyre had become detached and were lying in the central reservation of the motorway. That had come about due to several wheel studs becoming loose and the remaining shearing. The vehicle was found to be in a very poor condition.

Financial standing had not been satisfied because finance was held by .TH Civil Engineering Ltd. The TC said her office had suspected for some time that Higgins had moved from a sole trader operation to a limited company and the financial evidence bore that out. So too did the ownership of the vehicles.

However, when this issue had been raised with Higgins in June 2006, he said: "John Higgins trading as JH Civil Engineering is still trading and that no changes require to be made to our operator's licence arrangement."

In conclusion, the TC said it had become clear that the business was a limited company, that the vehicles were being operated by the limited company, and that this was not a recent development.


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