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Dormant company's licence was apparently leased out
Page 33
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Firm is granted a licence in the North-East despite problems with its Scottish operation including some unknown trucks on its licence
A. SCOTTISH company awaiting considera:ion of disciplinary action against its Scottish D-licence has successfully bid for a fresh licence n the North Eastern Traffic Area after claimng it had no knowledge of vehicles listed on its ;cottish licence.
Neilston-based Bulkliner Intermodal had ;ought a new international licence for 25 /chides and 10 trailers based at Newton Nycliffe from North Eastern Deputy Traffic 2ornmissioner Elizabeth Perrett.
The company had been called to a public nquiry in Edinburgh in March following an insatisfactory maintenance investigation and he issue of four prohibition notices, one of vhich was S-marked, showing a significant naintenance problem.
That inquiry was adjourned at the company's equest to a date to be fixed.
Bulkliner's transport manager Geoffrey kuston had been disqualified from being a ompany director for 13 years with effect from ;member 1996.
In November 2003 he was jailed for 15 months y C.ardiff Crown Court after pleading guilty to ssisting another person to retain the benefit of rirninal conduct.
David Massie told the DTC he had bought le company from Stephen Sullivan in July 004 and changed its name from Grayfoot Transport Services. It had been offered for sale as a dormant company with an 0-licence.There had been no turnover in 2003.
However, Sullivan had registered and licensed vehicles. An explanation had been sought from Sullivan as to how the vehicles came to be on the licence, but there had been no coherent response and it was decided to remove them from the licence.
Massie said he had no knowledge of those vehicles, where they went or who had them. In order to rectify the situation he wished to move the operation south of the border as the work for them was in England rather than Scotland. They had traded for a short time from Scotland, but it was realised they needed a licence in England, and they had ceased operating on the Scottish licence six or seven weeks before.
Licence on lease
Auston said it appeared that Sullivan was leasing the licence to other operators during the negotiations and after the sale.
The DTC said the only outstanding matter was the repute of Auston, given his conviction. She also noted that he appeared to have allowed vehicles to operate in England without advising the company to apply for an 0-licence in the North Eastern Traffic Area.
Both Massie and Auston had denied Bulkliner was responsible for the vehicles which were the subject of the prohibition notices, although there did seem to have been a somewhat lengthy delay in removing them from the Scottish licence once it was discovered that Sullivan had misled them.
Having given the matter a great deal of thought, the DTC was prepared to find that, despite the conviction and the shortcomings in the operation of the Scottish licence, they were not severe enough for her to conclude that Auston had lost his repute. •