VI delay let cowboy off hook
Page 6
If you've noticed an error in this article please click here to report it so we can fix it.
by Charles Young The Vehicle Inspectorate has rejected a golden opportunity to rid the roads of an unlicensed operator it had been investigating for more than a year.
The VI has known about Kinross-based Fresh Service (Scotland: since its inception shortly after another company, Road Movement Services, lost its Operator's Licence in Apri11998.
But it failed to help a group of RMS creditors who were applying to the courts to get Fresh Service off the roads because of its lack of an 0-licence.
Fresh Service (Scotland) is operated by Bob Morton. the father of RMS director Allan Morton, who also works for Fresh Service (Scotland). The company has never held a licence, although this week Morton claims he has now hired out his trucks to a licensed operator (see right).
Creditors of RMS have always claimed RMS's assets were understated and pointed to a connection between RMS and Fresh Service (Scotland).
For this reason last August they planned to apply to the Court of Session in Edinburgh for an Interim interdict" against Fresh Service (Scotland). This would have taken Fresh Service (Scotland: off the road for its lack of a licence and the question over its assets. The creditors asked the VI to supply
a statement confirming that Fresh Service (Scotland) was running without a licence. But. according to one creditor: -The VI sat on the fence for weeks. after which it became too late to proceed with legal action."
Eventually one of the creditors received a letter from the VI in which it stated: "It is our understanding that Fresh Service (Scotland) was simply a continuation of the operation undertaken by RMS. Indeed, for a substantial period of time it continued to use the operating centre previously used by RMS...
"Fresh Service (Scotland) has been the subject of prosecution reports to several Procurators Fiscal," it added. "However, to date. none of these reports concerning the alleged unauthorised use of vehicles have resulted in any successful prosecution action. There are still reports pending."
The VI has since told CM that it was unable to assist the creditors because one part of their questions was for the Traffic Commissioner to answer and the other was in relation to information that had been submitted to the Procurator Fiscal. The VI says it is not allowed to comment on information handed to the PE • Fresh Service (Scotland) originally told CM that it had applied for an 0-licence, but the VI denies this.
Now Fresh Service claims it has hired its trucks to a licensed operator—but refuses to name the operator. The company adds that it has now flagged out several vehicles to Holland; they are said to be running on a Dutch licence.
• See Comment, page 6.