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Suspension for using unauthorised centre
Page 22
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The DTC has raised questions over an operator's ability to comply with the regulations over premises.
A HAULIER WHO had been operating from an unauthorised site for nearly five years has been disqualified from holding or obtaining an 0-licence in any Traffic Area for a period of three months. In addition, the licence held by Aldershot-based Paul Aylward, trading as Aylward Contractors, in the Western Traffic Area has been revoked.
Western DeputyTraffic Commissioner Philip Brown (pictured left) has refused an application for interim authority for the firm to operate from Woking, which is in the South Eastern & Metropolitan Traffic Area.
Vehicle examiner Paul Edwards said that Aylward had confirmed that his vehicle was not kept at Aldershot, but that it was located at Woking.
In addition, the stated period between safety inspections was not being complied with: forward planning was ineffective; there were also missing drivers' defect reporting sheets: and the safety inspection records failed to carry a declaration as to the roadworthiness of the vehicle.
Over the past five years, out of 14 annual tests, there had been eight initial failures, three of which were passed after rectification at the test station.
Of the five outright failures, there were three failures which included safety critical items such as brake failures and suspension.
Aylward said that he had started operating in the South Eastern and Metropolitan Traffic Area in the 1980s and then moved to the Western Traffic Area in the 1990s.
In 2004, he received a notice to quit his premises at Aldershot, so he decided to move back to the premises he had previously used at Strawberry Farm. near Guildford.
He finally found a site near Woking in April 2008 and had made an application for a licence in the South Eastern and Metropolitan Traffic Area in December 2008.
Aylward accepted that he had been operating from an unauthorised operating centre since 2004 and agreed he had been operating as a limited company since 2007 Making the revocation and disqualification orders, and refusing the interim licence application, the DTC said it was clear Aylward had chosen to ignore the rules he knew existed, having moved to the Western Traffic Area.
In addition, there had clearly been inadequacies with the arrangements Aylward had put in place to ensure that vehicles were kept in a fit and serviceable condition.
Consequently, there were serious questions over his ability to be compliant with the maintenance regime that is required of any operator. The trust upon which the 0-licensing system was based had been abused over a period of time to Aylward's obvious advantage.