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Tribunal dismisses appeal by haulier who operated through a defunct company
Page 26
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THE TRANSPORT Tribunal has upheld the decision of the Scottish Traffic Commissioner Joan Aitken who refused an application for a licence by Airdrie-based M8 Scotland. The firm's director and transport manager, Robert Blacklock. had previously traded as a defunct company Blacklock had sought a licence for six vehicles and three trailers. He intended to surrender a licence held by Scotsteels if the licence was granted. However, Scotsteels had been dissolved in March 2005.
Blacklock told the TC that he had continued to trade as Scotsteels despite the company no longer existing. He said he had no knowledge of the dissolution of that company because his fellow directors handled Companies House and taxation matters, and he concerned himself solely with the transport operations.
He claimed he had not realised that the other two directors of Scotsteels had resigned.
He added that he had kept his vehicles safe and roadworthy and his operation had been compliant in all respects, with no adverse Vosa or police reports.
The TC found Blacklock's account to be "incredible" and concluded he did not have the repute required to hold a licence. Before the Tribunal, Blacklock claimed the TC had not allowed him to explain the confusion over his operating entity properly, especially since it included advice from the Leeds Office that the situation could be regularised by a new application.
He was aggrieved that the TC had found against his repute as he had run his transport operation in an excellent manner.
The Tribunal said the finding that Blacklock had been operating unlawfully through an entity that had ceased to exist and that therefore could not hold a licence was a serious breach of the 0-Licensing regime.