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Owners' arrangement over CPC illegal LA
Page 20
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WHAT WAS described as "a friendly arrangement without pay" for the employment of a transport manager with a Certificate of Professional Competence did not comply with the law, the North Western Licensing Authority told an owner-driver applicant.
G. J. Pilling of Atherton had applied for a new national 0-licence for two vehicles and two trailers with a base at the premises of .John Stathams Ltd, Bingham Street, Swinton.
He said that when he started with the firm, who were builders' merchants, as a driver he w.; told there might be an epportunity to start in haulagc on his own. He was offered one of the company's vehicles if he would work under contract for them but he preferred to buy one of his own, to which they agreed.
It was proposed he should sign a three-year contract and Stathams would provide parking and maintenance facilities. If work dropped off he would be free to do general haulage, providing Stathams were given first refusal.
Mr Pilling added that he did not hold a Certificate of Professional Competence but proposed to employ a friend who had one and had recently retired. The work would be done free of charge, out of friendship as earnings would affect his pension.
The LA, Mr R. D. Hutchings, pointed out that the new regulations required the employment of a full-time transport manager who would be responsible for vehicle operations unless the licence holder held a certificate. He would adjourn the hearing for Mr Pilling to discuss the matter with his friend and bring him as a witness if a suitable arrangement could be made.
When the hearing was resumed, Mr Pilling said after discussing the matter with his friend it had been decided that the proposal was against the law and they would not pursue it.
The managing director of John Stathams Ltd, for whom the vehicle would work, had agreed that, if necessary, the company would act as his transport manager and be responsible, until such time as he obtained a certificate.
Mr Hutchings said that proposal was not satisfact either; the question of op tors who were using owt drivers acting as trans' manager for them had an before and been judged gal.
No licence could granted in these circi. stances until Mr Pilling h self held a certificate.
After hearing that applicant proposed to tat six months' course and t sit for a certificate, Hutchings adjourned hearing sine die. He indic that as he was otherw satisfied concerning facilities and arrangemel if Mr Pilling was eventu successful there would grant in chambers.