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Kids blamed for tachograph mess but TC doesn't buy it
Page 35
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The TC is also "inclined to believe" that the nephews of the disqualified managing director were acting as a front. Mike Jewell reports.
A SCOTTISH firm has had its licence revoked for three years at its second public inquiry in 18 months.Alloa-basedWalsh Brothers Industrial Services held a licence for six vehicles.
In addition, its former MD, Mark Walsh, was disqualified from holding an 0-licence for three years. Scottish Traffic Commissioner Joan Aitken rejected Walsh's claim that damage to tachograph records was caused by his children playing in the office.
Recent prohibitions Aitken heard Iroili vehicle examiner Brian Fullerton that an immediate prohibition and a delayed prohibition had been issued since the last public inquiry. When the vehicle given the delayed prohibition was presented for clearance it was given a variation and refusal notice.
One vehicle had been used on 13 occasions without a test certificate and a trailer had also been used without a test certificate.
The TC was told that Mark Walsh had resigned as a director on 1 November 2006 and that the current directors were his nephews Christopher and Alan Walsh.
Traffic examiner Susan Traynor said that when she analysed the tachograph records for January to May 2006 inclusive, she found 1,685km unaccounted for. She was told that Mark Walsh's young children had been in the office and on his return he found the office in disarray, including paperwork and tachograph charts lying in the yard.
The use of the vehicle on 13 occasions when out of test could not have been an oversight as the vehicle was prepared and presented for test four times during this period. Traynor visited the company again in October 2006 and found one vehicle's tachograph was not calibrated. An examination of the tachograph records revealed that 3.041km were unaccounted for.
Alan Walsh said he was unaware of the use of the vehicle and trailer without test certificates. It was Mark Walsh who would have known about that as he had been the boss. He denied that Mark Walsh's letter of resignation had been made for the current proceedings. He also denied that Mark had simply walked away from the business and given it to him and Christopher. adding that the former MD needed time off to deal with personal problems.
Lack of management Christopher Walsh said that prior to Mark Walsh's resignation, he had had little to do with the company's management. But he agreed that he had been a director since August 2004.
Making the revocation and disqualification orders. the TC said she did not believe the story of children playing with the tacho charts.Nor did she believe that Mark Walsh wrote the letter of resignation in November. Instead she believed it was written following the call-upletter to public inquiry. The fact that Companies House was told of the resignation only one week before the public inquiry suggested that this was the case.
Nothing had been done regarding the settlement of Mark Walsh's interests in the business — the vehicles were worth a great deal and Walsh Brothers owned the site. She was inclined to believe that Chris and Alan Walsh served as a front for Mark Walsh and was not persuaded that he was no longer part of the business. •