1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 
No more rising from the ashes
Page 14
Page 15
If you've noticed an error in this article please click here to report it so we can fix it.
Senior Traffic Commissioner ITC) Philip Brown is at the heart of the TCs increasingly proactive stance to crack down on phoenix companies he outlines his plans for tighter guidelines for operators to CM.
Words: Roger Brown / Images: Graham Richardson
IN RECENT MONTHS it seems the TCs have been taking an increasingly dim view of 0-licence applications from so-called phoenix companies
Last month, Western Area TC Sarah Bell warned that she was having a "close lookat the past record of directors of collapsed haulage firms that had moved assets to another legal entity with a similar name.
Under powers obtained when he became the first Statutory Senior TC last March, Philip Brown is currently drawing up a set of guidelines for the other commissioners General directions and guidance will be developed on how the TCs should deal with a range of issues, includ ing phoenix companies A full public consultation will take place before any of these directions and guidance are implemented and Brown tells CM the consultation could take place in a few months' time: "In my statutory role, the directions I can now give cover administrative matters such as how to apply for an operator's licence, guidance covers judicial matters such as how to interpret legislation."
Clear understanding
He explains: "The aim is to provide greater clarity as to how TCs may approach such cases. It is important in the interests of road safety, public protection and fair competition for TCs to be vigilant to prevent revoked and disqualified operators, or other people who do not have the necessary repute, finance or professional competence, from operating goods vehicles," Brown says that although every 0-licence application has to be considered "on its own merits" , the TCs will always fully investigate the facts so that revoked operators cannot use the device of setting up a new business entity, then hide in the background behind friends and family.
"Any would-be operator who is tempted to try to mislead a TC should remember that scrutiny of who holds a licence does not end at the application stage, it continues for as long as the licence is held and operators can be called to account, should evidence of a phoenix operation be placed before the TC," he adds For Brown, the preservation of the openness of the hearing process and allowing individual commissioners to develop areas of specialist knowledge arc important.
He also wants administrative functions to be "more consistent" across the UK traffic areas, as well as a more efficient 0-licensing system generally.
If a TC were out of the office, he would like to see case submissions always available to be accessed electronically and dealt with by their deputies if necessary.
He says: "Over the past year, we have made improvements to the way we operate, for example ensuring more paper
work is sent electronically to help speed up process and save money.
We are also working towards a situation where those involved in public inquiries receive documentation in a similar form across the country. It's all about moving in the same direction and having a template for the way we operate."
Protection from cuts
Brown also thinks the 0-licensing system should remain unscathed from harsh public sector spending cuts widely forecast to take place over the coming years He says: "We appreciate that budgets are tight and there may be a squeeze on public expenditure, however, the industry pays for us, not the taxpayer, which is a good thing. I've assumed responsibility for ensuring that we are properly resourcecl to enable the TCs to deal with the core workload," However, although Brown has held his Statutory Senior TC title for over a year, he admits it is difficult to predict how the role will develop in the future "A lot has been achieved in the past year," he says. "However. I want to continue to be an ambassador for the other Ts and promote our work to the outside world, by supporting industry events and attending launches of industry initiatives. The service has improved beyond measure and is in good shape to meet the challenges that lie ahead," •