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Illegal operation stops bid for new 0-Licence
Page 28
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A family's bid for an 0-licence has been thrown out by Scottish TC
A FAMILY that continued to operate despite the failure of two businesses has lost its bid for an 0-licence for a new company that it had set up.
A&M MacGregor Plant Hire Contractors had applied to the Scottish 11-affic Commissioner, Joan Aitken, for a restricted licence with authority for eight vehicles and two trailers to operate from Bandeath Industrial Estate by Stirling.
The directors were Alasdair and John MacGregor. It was indicated that the licences held by A&M MacGregor Plant Hire and MacGregor Plant Hire would be surrendered if the application was granted.
The TC said that MacGregor Plant Hire — the directors of which were Alasdair MacGregor senior, Alasdair MacGregor junior and John MacGregor — went into administration in February.
A&M MacGregor Plant Hire and the firm's partners, Alasdair MacGregor senior and Maureen MacGregor, were sequestrated in January 2007 at Stirlingshire Court.
The licences held by Alasdair and Maureen MacGregor and MacGregor Plant Hire lapsed through non-payment of fees in April 2008.
Michael Whiteford, for the company, indicated that it wished to amend its application to one vehicle and one trailer, which was required to move items of plant.
John MacGregor said he and his brother had been directors of MacGregor Plant Hire, which had a licence for four vehicles and two trailers. His parents had operated a partnership with a licence with two vehicles and three trailers and that firm got into financial difficulties, resulting in his parents' sequestration in January 2007.
John was aware that his mother and father should have surrendered their licence in January 2007.The two vehicles continued to operate. When the licence was granted to MacGregor Plant Hire, there were four vehicles on one licence and two vehicles on the other licence, totalling six in the fleet. Thus, there was a period when the vehicles on both licences were operating. They continued to operate because the MacGregors did not want to park up the vehicle and hire in because the price of hiring in would not have been viable. They did that to keep the business going and employees in work.
He agreed that since April they had been operating three tippers, an artic and a low loader without authority. The finance company had taken back the three tippers on Wednesday and the artic had been impounded by Vosa.
Refusing the application, the TC said that mother and father had continued to operate as if the sequestration had not happened by making their 0-licence and discs available to their sons, who set up A&M MacGregor Plant Hire. That Firm operated in excess of its authority by using the parents' discs and licences.
That company hit financial difficulties and, not withstanding the administration, they continued to operate the vehicles.