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Operator's inexperience Leads to disqualification

19th February 2009
Page 24
Page 24, 19th February 2009 — Operator's inexperience Leads to disqualification
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Poor vehicle maintenance and tack of operating experience made Tribunal uphold a disqualification.

THE REVOCATION of the licence held by Sukhpal Singh, trading as Deep Transport, and his disqualification from holding an 0-licence for 12 months, by West Midland Deputy Traffic Commissioner Tim Hayden, has been upheld by the Transport Tribunal on appeal.

Smethwick, West Midlands-based Singh held a licence for six vehicles and 11 trailers. Evidence was given before the DTC that vehicles had not been kept in a roadworthy condition, aggravated by the fact that defects had been identified and not repaired.

Additionally, there had been protracted and widespread breaches of the drivers' hours and tachograph regulations, including breaches by Singh, even after advice had been provided and assurances given.

There were even substantial periods when operations were carried out without a qualified transport manager and the repeated use of an unauthorised operating centre.

The DTC made the revocation and disqualification orders on the grounds that Singh had lost his repute. He said it would be difficult to find a clearer disregard by an operator for the safety of his vehicles and their lawful operation.

Before the Tribunal, Tim Ridyard, for Singh, argued that the DTC had failed to take into account any favourable factors and give him credit for the positive things that he had done. Had he included these, the DTC could and should have concluded that instead of revocation, the licence could have been cut to authorise one or two vehicles and limit the period of time before any application for an increase would be considered.

Dismissing the appeal, the Tribunal said that it was a bad case of inadequate maintenance. That position was compounded by a lack of professional competence over a long period and the irresponsibility of leaving the operation of the fleet in the hands of unqualified members of the family while Singh was abroad. Compounding the evidence was the large number of tacho offences and there being no improvement between the first and second batch of charts examined by the traffic examiner.

Singh came across as an operator who was, in many ways, keen to operate correctly, but through naivety and inexperience lacked the capacity to do so. The sad fact of the matter was that Singh lacked the knowledge, experience and ability required of someone who was to run a road haulage operation safely and in accordance with all the requirements of the regulatory regime, the Tribunal concluded.

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Organisations: Transport Tribunal
Locations: West Midlands

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