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Operator hired out 0-licence to others
Page 26
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North Western DTC requests further evidence of truck's usage before he can consider a related application
AN OPERATOR who ceased trading in 2006 and allowed his 0-licence to be used by others has had it revoked, and an application for a new licence by one of the operators concerned has been adjourned because of possible continued unauthorised use.
North Western Deputy Traffic Commissioner Mark Hinchliffe was considering taking action against the licence for three vehicles and one trailer held by Morecambe-based Stuart Johnson, together with an application for a new licence also for three vehicles and one trailer by Thomas Coulton, trading asTommy's Removals & Storage, of Heysham.
Johnson said he had ceased trading in May 2006. and had no intention of continuing to hold an 0-licence.
He had allowed Coulton and another operator, Christopher Pain, trading as Crossover Transport. to use his licence because he thought his 0-licence was for life, similar to the CPC he had acquired under grandfather rights.
He had thought that as a CPC holder, he could be their transport manager. Pain had been granted a licence and he had asked if he could use his licence until it came through.
Vehicle examiner Mark Hirons said that during a maintenance investigation in February, he became aware that Coulton was operating the vehicles. Coulton had said that he was using discs supplied by Johnson and had paid him a fee.
Coulton said that when it was pointed out he was not authorised to operate, he took the vehicles off the road immediately and had not used them since. He had operated since autumn 2007 until February.
He had been led to believe that as Johnson had a CPC and an 0-licence, it was okay to operate under his 0-licence. Johnson had been paid to act as his transport manager, and he had genuinely believed it had been a legitimate way to operate.
An employee. Alexandra Hepworth, had passed the CPC examination and would be acting as his transport manager if a licence was granted.
After Coulton had said one vehicle had been hired out for about five days to an Irish-based company, the DTC pointed out that records showed it had travelled 10,606km, which would not have been possible in five days.
Coulton said that there was no hiring agreement and he had been paid in cash. He maintained that the vehicle had not been operated by him.
Adjourning the proceedings, the DTC said that he would need to see evidence to justify the usage, perhaps from the hirer. Hinchrliffe said he needed an explanation, otherwise it looked like unauthorised use. II