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Two-year ban after trucks found in 'appalling state'
Page 28
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A Nottinghamshire haulier who showed a "consistent and flagrant disregard for normal safe operation" and whose trucks were kept in "an appalling state" has been banned from running a transport firm for two years.
International operator Michael Burgess, trading as Island International of Ompton, near Newark, had been called before North Eastern Traffic Commissioner Torn Macartney to answer a string of charges relating to maintenance, the unauthorised operation of vehicles and tachograph offences.
The Leeds disciplinary inquiry heard from vehicle examiner Keith Bostock who said it had been difficult to arrange an inspection as Burgess had moved his operating centre without notification.
When he eventually inspected three vehicles and two trailers he issued one immediate prohibition, on delayed prohibitor and three defec: notices and found that the inspection records were incomplete.
Traffic examiner Stan Wisdom said that when Burgess was asked to produce tachograph records a number were missing. He was subsequently prosecuted for two offences of insufficient rest and four of fail ing to produce charts, being fined £400 with £85 costs.
Burgess said that his trucks mainly carried timber to Spain and Portugal, returning with onions. He blamed the lack of paperwork on his service centre in Spain, claiming that Spanish mechanics did not fill out forms.
He would no longer drive abroad himself, he added. concentrating instead on the administration and efficient running of his fleet.
Asked about a conviction for using a prohibited vehicle, Burgess's son Giles said that the prohibition had been imposed at Dover. He had been told to park up but saw Spanish and French drivers with similar defects being allowed to proceed. He took it upon himself to drive off and it was a month later when he was stopped.
Making the revocation and disqualification orders, the TC said that there had been a series of other convictions, including overloading, having no manufacturer's plate. using a vehicle without an excise licence and using more vehicles than specified on the licence. There had been 18 prohibitions over the past five years, which was out of proportion for a small fleet w rarely appeared in this country.
More damningly, there had been a sistent and flagrant disregard for non safe operation. Burgess had breache large number of regulations, many of w went to the heart of good repute.
The appalling state of this fleet and lack of any form of control indicated that transport manager was ineffective. added—Burgess had knowingly functio without a competent transport manager Holding that Island International tri port manager Michael Greenan had lost repute, the TO said that given his derelic of duty he was no longer fit to be a Mang manager in a professional industry.