TC slams 'absent' transport manager Scotland's deputy TC has disqualified
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a transport manager for holding the role 'in name only By Roger Brown Operator: Donald MacDiarmid Matter: 0-licence law, drivers' hours law and maintenance Hearing: Inverness Area: Scotland Presiding TC: Richard McFarlane RICHARD MCFARLANE, deputy traffic commissioner (TC) for Scotland, has handed a nine-month disqualification to the transport manager at Donald MacDiarmid Haulage, who held the role "in name only".
McFarlane's decision, given in writing, followed a January public inquiry in Inverness, where he heard that CPC holder Catherine MacSween had not fulfilled her duties as transport manager for two years at the Fort William-based business, which is run by her brother Donald MacDiarmid.
Vosa began an investigation into the firm in April 2012, but neither traffic examiner Ellis Haddow nor vehicle examiner Ian Brown had been able to interview MacSween. MacDiarmid said she was not available as she lived on the Isle of Skye, and had not been fulfilling her role in the previous two years.
Examiners found MacDiarmid had used a trailer that wasn't displaying a test certificate, a vehicle that wasn't authorised on his licence, and that he didn't have an effective system for monitoring his drivers' work. An examiner also said his MoT and prohibition rates were worse than the national average. MacDiarmid said he had immediately addressed the matters raised by Vosa, including employing the services of a training company to analyse driving duty records. He added that this identified offences for some drivers, which resulted in him having to dismiss two employees.
Vosa officers added that the operation had been a "one-man show", and that MacDiarmid had addressed all of the concerns raised during their investigation, with no input from MacSween.
The deputy TC said MacDiarmid had been open and candid about the situation, and all of the issues raised by Vosa had been addressed — with the exception of the transport manager's position.
However, the deputy TC added:" [MacSween] has been a transport manager in name only. It appears that domestic situations and the distance between her home and MacDiarmid's office were factors that [stopped her from] fulfilling the role. She should have resigned when she realised that there were difficulties."
McFarlane revoked the 0-licence held by MacDiarmid as a sole trader because there was no transport manager.
However, he gave MacDiarmid's new limited company, MacDiarmid Haulage, an interim licence for three vehicles and three trailers, and gave him three months to find a transport manager.
Summing up A transport manager who takes no active part in the company does not count for much in the event of a public inquiry