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Repute remains lost following no-show

16th April 2009, Page 24
16th April 2009
Page 24
Page 24, 16th April 2009 — Repute remains lost following no-show
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Which of the following most accurately describes the problem?

TC would have liked opportunity to investigate transport managers links with a number of trading entities.

THE TRANSPORt manager of a defunct haulage company that was linked to an illegally run coach operation has had the loss of his repute confirmed at the third hearing on which the issue was considered.

The North-Eastern Traffic Commissioner, Tom Macartney, made the decision in the absence of Brian Smith. the nominated transport manager on a licence held by Durham-based Anglo Dutch Logistics. which has ceased trading.

The company's licence for four vehicles and six trailers had been revoked by the TC following illegal operation by an associated coach company run by Ralph Brown and evidence that the licence had been obtained by deception in that a false declaration had been made in the application form.

The TC also disqualified sole director Anne Stidwell and former director David Pritchard from holding an 0-licence indefinitely. At the same time, he stripped Smith of his repute. (Anglo Dutch operator lied to get 0-licence; CM 25 September 2008) On appeal, the Transport Tribunal directed that Smith's repute be reconsidered because he had not attended the original public inquiry. He wrote claiming he had never done any work and was never paid. The 0-licence was never used because a lucrative contract fell through. Smith said he had no connection with Brown's operations.

The Tribunal considered that he should be given an opportunity to put his case to the TC (Toss of repute must be reonsidered', CM 12 February). When the matter came before the TC once more, Smith again did not attend and the TC confirmed his decision. But Smith wrote to say he had been given insufficient notice of the public inquiry and the TC arranged another hearing. Yet again Smith failed to attend.

Macartney said it was unfortunate and regrettable as, had Smith attended, he would have investigated his connections with the various trading entities involving Ralph Brown.

Smith had been one of the drivers of a Dutch-registered vehicle travelling between Calais and Dover in July 2007 that belonged to Browns of Durham, a well-known rogue operator who was unlicensed at the time. Yet Smith, in a submission to him and before the Transport Tribunal, had claimed he had not had any involvement with the Brown companies. It appeared that Smith had attempted to deceive both the TC and the Transport Tribunal.

Smith was the nominated transport manager on the Anglo Dutch Logistics licence from September 2007 until August 2008, when he resigned without notifying the TC. It was a live licence with one vehicle specified for almost a year with Smith as transport manager.

The TC was satisfied Smith was purely a figurehead and transport manager in name only. He had a responsibility for the licence and failed to exercise his duties. Had Smith turned up the TC would have wanted to see his employment contract.


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