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Convenience conspiracy
Page 31
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A haulier has been disqualified indefinitely for allowing his 0-licence to
be misused by a disqualified operator. Mike Jewell reports.
A TRAFFIC Commissioner has stamped down hard on a haulier who allowed his licence to be used by a disqualified operator by taking his business off the road.
Berwick-upon-Tweed-based Colin Patterson had his licence revoked by the North Eastern Traffic Commissioner Torn Macartney and was disqualified from holding or obtaining an 0-licence indefinitely at an Alnwick disciplinary inquiry.
In October 2001 an 0-licence held by William Leith of Berwick-upon-Tweed was revoked and was Leith disqualified from holding an 0-licence indefinitely. In July 2003, the TC refused to return a vehicle to Leith's associate Patterson it had been impounded at Berwick while being operated on Patterson's 0-licence. He concluded that Leith and Patterson had conspired together to produce a "flag of convenience" and he believed Patterson knew he was assisting Leith in a criminal activity.
The TC was told that when Leith arrived at the check site a traffic examiner attempted to interview him about the unauthorised use of the vehicle without success. When Patterson was asked to produce tachograph records he claimed they had been stolen.
A second Leith vehicle was impounded at Wick, in Scotland, while displaying one of Patterson's 0-licence discs. Though returning the vehicle to Leith on a technicality, the Scottish DTC Richard McFarlane concluded that at the time the vehicle was impounded William Leith & Co and not Patterson employed the driver and accordingly at the time of its detention the vehicle was being used by the company (CM18December,2003).
The TC said that last December he turned down a subsequent application by Leith for the return of the vehicle that was impounded at Berwick-upon-Tweed in July 2003 (CM 8 January).
For Patterson, James Smithson said another company, Leith UK, had been formed. The vehicles were now "flagged out" to Holland and Patterson's involvement with Leith had ceased.
The TC said Patterson had attempted to deceive him as TC and had obstructed the traffic examiner.
Bryan Thomas, a director of Leith UK, said it was currently operating under a restricted licence granted in Holland. Conceding that the vehicles never left the UK, he said they had received advice from a Dutch solicitor. The company was seeking a UK 0-licence. He added that Leith UK was arranging for the Road Haulage Association to train the drivers in the drivers' hours and tachograph regulations.
The TC said the HGV driving licences of six of the drivers would be suspended from the end of August until it was shown that they had completed the drivers' hours and tachograph training and had passed a written examination. •