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Katharine Oliver disqualified for three and a half years
Page 24
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The Deputy IC finds her assurances 1 to be "completely worthless".
KATHARINE OLIVER, the wife of disgraced haulier Stuart Oliver, has been disqualified from holding or obtaining an 0-licence for three and a half years. The disqualification runs from December 2007, the date of revocation of the licence held by Hexham-based JW Swan & Partners — a firm in which she was a partner.
In addition, North-Eastern Deputy Traffic Commissioner Mark Hinchliffe has directed that should her parents, John and Elsie Swan, the other partners in the firm, make any application for an 0-licence, it must be dealt with at a public inquiry.
Katharine Oliver and her mother had earlier won their appeals against their initial indefinite disqualification by North-Eastern Deputy Traffic Commissioner Beverley Bell insofar as the Transport Tribunal directed that the matter be reconsidered by a different TC.
Stuart Oliver was one of two partners in William Martin Oliver & Partners given jail terms for conspiracy to falsify tacho records (CM 24 March 2005).
In December 2007, Beverley Bell revoked the licence held JW Swan & Partners after ruling that it had been used for the sole purpose of allowing vehicles that were previously operated by the Oliver's partnership to continue operation (CM 17 January 2008).
An investigation into the sighting of a vehicle without an 0-licence disc with a tank belonging to Kilfrost, onc of Oliver's major customers, on 23 December 2007 by DTC Bell revealed that the registered keeper was the Swan partnership, that it was insured by the Swan partnership and that it was on a finance agreement with Stuart Oliver.
As a result, the DTC disqualified Katharine Oliver and her mother Elsie Swan (CM 19 June & 7 August 2008).
The Tribunal said DTC Bell was a potential witness, and had no option other than to distance herself from the investigation, the preparation for the public inquiry and the public inquiry itself (CM 2 October 2008).
In his decision, DTC Hinchliffe said that according to the DVLA, the partnership disposed of the vehicle concerned on 12 February. The new registered keeper was William Martin Oliver. From 1 December to 12 February, the vehicle was observed on the road pulling a trailer on 14 occasions without being specified on any 0-licence and when there was no margin on the partnership licence.
In her evidence, Katharine Oliver maintained that the vehicle had not been used by her or the partnership and, although she had originally intended that it be specified on the licence, she changed her mind after the public inquiry and told her husband, who was providing the finance for the vehicle, to get rid of it (CM 8 January) In December 2007 DTC Bell was told by Katharine Oliver that she would henceforth ensure that Stuart Oliver did not exploit his links with the Swan family in order to operate illegally, and that she would endeavour to co-operate more appropriately with Vosa.
DTC Hinchliffe said those assurances turned out to be "completely worthless". He did not believe she was unaware the vehicle had repeatedly left the yard, and was being used. She was "confrontationaland sought to frustrate a proper and important Vosa enquiry.