Tribunal stresses importance of CPC
Page 18
If you've noticed an error in this article please click here to report it so we can fix it.
THE REQUIREMENT that the holder of an operator's licence must employ a full-time transport manager with a Certificate of Professional Competence is a very important one, the Transport Tribunal has stressed, dismissing an appeal.
Philip John Spittle applied for a variation of his existing standard 0-licence in April 1982. It was discovered that he had no transport manager or CPC holder in his employment and his licence was revoked.
Mr Spittle, operating from Persnett Trading Estate, Brierley Hill, West Midlands, applied to the West Midland Licensing Authority on April 29, 1982 to add a further vehicle and trailer to his 0-licence.
He nominated Patrick Beasley as his transport manager, but the LA discovered that he was not employed on a full-time basis by Mr Spittle.
The LA called Mr Spittle to a public inquiry on August 25 in Birmingham where it was revealed that he had never employed Mr Beasley, although he had obtained his 0-licence in October 1981 on that basis.
Mr Spittle informed the LA that he was in a position to employ David King full-time as his transport manager and that he had another employee on a fulltime CPC course.
On hearing this, the LA, although revoking his licence agreed to suspend the revocation for 14 days to give him time to employ a suitable full time transport manager.
In September the LA discovered that Mr King was the transport manager for Road Rock International, licensed in the Western Traffic Area, which called into question his acceptability as a transport manager. The revocation was further deferred until September 24.
On that date Mr Spittle informed the LA that Mr King was no longer transport manager and so another public inquiry was called. One day before the inquiry, set for October 27, he told the LA one of his vehicles had broken down in Spain and so he would not be able to attend. He added that he was shortly to take his CPC examination and that one of his em ployees was now awaiting the result of the exam.
The LA allowed Mr King to continue as transport manager until the results of the employee's exam was available. The licence was varied to add the additional vehicle and trailer.
In December 1982 Mr Spittle informed the LA that he still had no transport manager, but that he was waiting the result of a CPC course he had recently taken.
Later that month the LA revoked his licence.