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Sick operator given the chance to prepare defence
Page 30
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A LANCASHIRE operator facing disciplinary action has been given more time to prepare his defence as a TC considers action on past convictions, maintenance problems and suspicions about the role of the firm's transport manager.
Wigan-based Kevin Darbyshire, trading as Key Darby Haulage, had been called before North Western Traffic Commissioner Beverley Bell at a St Helens disciplinary inquiry. A telephone request for an adjournment on the morning of the hearing on the grounds that Darbyshire was ill was turned down.
The inquiry went ahead, but was adjourned to give Darbyshire time to prepare his case and seek legal advice, since he came to the hearing unrepresented. The TC also wants the firm's nominated transport manager, Barry Walsh, to appear before her.
In reply to the TC, Darbyshire said his transport manager came into the firm when he could. Walsh had his own business to run and did not work for him.
The TC said she was adjourning the case so that Darbyshire could put his case properly when not ill and if necessary take legal advice. There were a number of areas she wished to consider. These included several convictions against Darbyshire; the maintenance situation, as there seemed to be a problem over brakes; and the position of the nominated transport manager.
Darbyshire said he had "never cut corners", but the TC disagreed, pointing out that he had convictions recorded against him.
The case was adjourned until late June after Darbyshire gave an undertaking that all four of his vehicles would be subject to a roller brake test within 14 days. A FAIR CHANCE
The TC was clearly concerned to ensure that Darbyshire has a fair hearing and that he is given every opportunity of putting forward his case.