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Controversy continues
Page 26
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n■nother Traffic Commissioner has
Danned Gerald Hamilton and Alec Hayden. Mike Jewell reports.
Controversial transport consultants Gerald Hamilton andAlec Hayden have been ianned from appearing in front of ,et another Traffic Commissioner t has emerged.
Eastern Traffic Commissioner 3 eoffrey Simms is the latest Cornnissioner to ban the pair from epresenting operators before lint. Despite the ban they ittempted to continue their in,olvement with the case in quesion. creating a "totally unsuitable amosphere" for it to be heard in.
Verator
keviously the pair have been ianned by South Eastern and vletropolitan TC Christopher -leaps (CM 16 December 2004) vhile Hamilton has been banned iy North Eastern DTC Mark -linchliffe (CM 28 April 2005).
Hayden and Hamilton were also ianned from representing iperator Pallas Transport by gorth EastemTCTom Macartney CM 2 September 2004).
At the same inquiry the TC re'oked the licence for three vehiles and three trailers held by -layden's client Braintree-based Wayne Rosamund, trading as R.oadrunner Transport, after holdng that he failed to meet the reiuirements in relation to irofessional competence and fiLance.
Rosamund was one of four op:rators initially called to public in quiry who had the same nominated transport manager Martin Bellinger, who was employed by Hayden's firm Trans-Consult.
Simms said that on 2 March Hayden was informed that he was refusing to allow him to represent the operators at the public inquiry, which was reconvened for 14 April, on the same grounds that his colleague in the South East, TC Heaps, had done so.
Heaps had banned the pair after they made numerous complaints against him which were not upheld. He chose to prevent the pair from appearing in order to prevent any potential or perceived bias against operators they may represent.
On 14 April the operators, accompanied by Bellinger. Hamilton and Hayden, presented themselves at the appointed hour for the public inquiry. The court clerk reported the operators had been persuaded that Trans-Consult had sorted out the problems with representation.
Hayden and Hamilton continued to make robust representations to a senior member of Traffic Area staff called to assist the court clerk, to the extent that their conduct created a -totally unsuitable atmosphere" for the matters lobe considered in.
• Simms was told that Hayden and Hamilton had attempted to impress their own conditions for the hearing of the cases. To avoid any repetition of those events, and with his attempts to minimise the inconvenience to Bellinger having been frustrated by the conduct of Hayden and Hamilton, Simms was left with little alternative but to conduct individual operator hearings on separate days.
Opposition
Hayden says he has received indications that he may be allowed back in front of Simms in the future. However, his opposition to the TCs continues unabated: he maintains the TCs are acting illegally as they are not a properly regulated system of tribunals At the adjourned hearing Bellinger said he worked eight hours a week for Rosamund, after being introduced by Trans-Consult, and was paid 00 a month by Trans Consult — effectively an hourly rate of £1.56. He had last visited Rosamund three weeks previously. However, evidence presented at the PI showed Rosamund was payingTrans-Consult £264.75 each month for Bellinger's services.
Holding that Rosamund did not meet the professional competence requirement,theTC said Bellinger was employed by Trans-Consult and not Rosamund. He had not performed any duties for three weeks and it followed that he was not fulfilling the requirement of continuous and effective responsibility. Neither was he likely to, at such a small hourly rate.
However. Bellinger's professional competence was not called into question and he still appears on several licences. •