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No regard and no 0-licence
Page 31
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Deputy IC strips operator of his licence and issues a warning to anyone who shows such a "flagrant disregard for the licensing system".
A DERBYSHIRE operator with a history of failed companies, maintenance problems and drivers' hours offences has had his licence revoked with a warning that the industry will not tolerate those who show such a flagrant disregard for the licensing system.
Ilkeston-based John Muffin, trading as JT Transport, appeared before North Western Deputy Traffic Commissioner Elizabeth Perrett who told him: "The industry has no place for those who do not do their utmost to ensure that vehicles are roadworthy and operate within the law."
Murfin, who held a licence for two vehicles and two trailers, had been involved with several companies, including the JT Transport (Midlands), which failed, and another company, Stanton Distribution Services, lie told the inquiry he now wanted to operate only one vehicle and the income was needed to pay off outstanding debts resulting from the failed businesses.
No problems with test The DTC was told about prohibition notices which had been issued, but the inquiry heard that Muffin's systems now appeared to be in order and his only vehicle had been free of defects when examined in August. Murfin had made attempts to ensure the tachograph and speed limiter were working properly. Some of the problems had apparently been due to the type of tachograph charts used.
Holding that Murfin had lost his repute, the DTC said the latter problem was either not spotted or not acted upon. The fact driving hours had been exceeded had been dismissed by Mu 'tin as due to queues,motorway hold-ups and rest areas being busy. A change of maintenance contractor had not been notified to the TrafficArea Office.
Muffin had also been the transport manager of JT Transport (Midlands) and Stanton Distribution. Perrett was satisfied that vehicles had either been operated by JT Transport (Midlands) while insolvent or by Stanton Distribution before receiving licence authorisation.
Murfin had failed to notify the TAO about the winding up of Stanton Distribution and the insolvency of JTTransport (Midlands). The latter company had a VED conviction in June 2000 relating to a dishonoured cheque.
In March 2003, a vehicle involved in a road traffic accident was given an S-marked prohibition. That vehicle had ostensibly been sold to former driver Alec Ridley by Murfin's son Andrew, who had taken over the vehicles following the winding up of Stanton Distribution. But DVLA records showed the vehicle remained in the name of Stanton Distribution. There was no sale or hire documentation; the vehicle was insured by ,ITTransport; and Ridley had used the vehicle without an 0-licence. Following the accident it was Andrew Murfin who contacted the police and the VOSA officers.
The DTC said she was driven to the conclusion that John Murfin had gone his own way, showing a flagrant disregard of the licensing system over a considerable period. im