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Roadhaul Logistics loses licence for improper usage
Page 18
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The licence held by Leedsbased Roadhaul Logistics has been revoked arid the company and one of its directors, Simon Greenwood, disqualified from holding or obtaining an 0-licence in any Traffic Area indefinitely.
The company, which held a licence for four vehicles and three trailers, was called before the North Eastern Traffic Commissioner Tom Macartney at a Leeds disciplinary inquiry. In April 2001 it was fined £1,000, with UK costs, by Sevenoaks Magistrates for using more vehicles than were authorised, the misuse of a community authorisation and permitting a driver to fail to produce tachograph records.
The IC said that a solicitors' letter described the background to the convictions. It stated that the company had entered into an agreement with Jenson Turner Transport to purchase two tractors. The monthly payments were to be treated as rental, the vehicles remained registered in Holland to Jenson Turner, and they and the drivers were to work exclusively for that company. Jenson would supply the trailers and diesel and pay the road tax in Holland. On the advice of Jenson Turner, Roadhaul used the vehicles, in addition to the maximum number specified on their licence. It was also advised that the vehicles were exempt from the EC drivers' hours and tachograph rules. The letter said the firm was completely at a loss to understand how Jenson Turner could have thought this was an appropriate or legal arrangement.
Director Brian Teece said that he had worked as a driver for Greenwoods of Leeds until that company went into liquidation. He was then approached by James and Simon Greenwood to set up a new firm, Roadhaul Logistics. He was made a director and the corn
pany was granted a licence in July 2000.
The total outgoings paid to Jenson Turner each month became more that the income generated by the vehicles. Simon Greenwood was made personally bankrupt and Teece was left with residual debts. Teece felt that he had been duped into accepting a directorship and its responsibilities. He had been ignorant that the arrangements for using the unauthorised vehicles were improper, having acted on the advice he had been given. He was unaware that Jenson Turner had advised one of the drivers to use a log book and throw away his tachograph charts. Following the convictions he had taken positive steps to ensure compliance with the regulations and to terminate any Illegal operation as soon as he could.
The IC said that tachograph analysis sheets produced showed that Teece had been almost faultless as a driver over a 10-month period. However, it showed that Greenwood's driving was suspect, showing inadequate breaks, and irregularities with the tachograph traces.
In deciding not to disqualify Teece, the TC said he accepted that he had been duped, and was innocent. He also accepted that Mete made substantial efforts to terminate the arrangement with Jenson Turner, which was not only illegal but also financially disastrous.