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Scaffolding firm rapped
Page 31
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An operator lost its repute, and its bid for a new 0-licence, by running vehicles without a licence for nine months. Mike Jewell reports.
SHOWING A "blatant disregard" for the law by operating without an 0-licence for nine months has cost a Midlands scaffolding firm its bid for a new five-vehicle licence.
However. West Midland Traffic Commissioner David Dixon told the West Bromwich Scaffold Co that it could expect to regain its repute in six months, assuming it did not continue to operate vehicles without authority The TC heard that the sole director of the company, Nils Christy, and its transport manager, his father William Christy. had been directors of Sandwell Scaffold Co, which had gone into administration on 13 June 2003. The administrator sold the business to the new company on 26 June 2003. licence. the TC said no request had been made by the administrator or the new company for the old licence to continue under Regulation 31. In cases of administration this regulation empowers a TC to allow a person carrying on the trade or business of the licence holder to be treated as the licence holder for up to 12 months.
As directors of the old company the Christys had an obligation to inform him of its changed circumstances and failed to do so.They had also failed to ensure that the new company did not operate vehicles until it had a licence to do so.
Such blatant disregard for the law by a company whose director and transport manager had both been involved in operating vehicles under an 0-licence for a number of years was inexcusable, he concluded.
Had they been newcomers to the industry or had the operation been illegal for a few days while attempting to obtain a licence, Dixon remarked that he might have been able to take the view that good repute. while tarnished, had not been lost. However, the circumstances in this case were very different.
V Scaffolding firm was unlicensed for nine months