isgraceful dereliction of duty shown by firm Judge upholds TC's
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decision to revoke haulier's licence and disqualify director By Roger Brown A JUDGE HAS dismissed an appeal by Boyes Transport, saying the firm had demonstrated a disgraceful dereliction of duty that exposed its drivers to significant risk. In a written decision, upper tribunal judge Mark Hinchliffe upheld the December 2012 decision of Western traffic commissioner (TC) Sarah Bell to revoke the firm's 0-licence for 14 vehicles and 14 trailers. She also disqualified director and transport manager Sarah Boyes from holding an 0-licence for two years.
Vosa began an investigation into the firm following a variation application. A traffic examiner and vehicle examiner: • submitted a maintenance investigation marked unsatisfactory; • raised issues over whether Sarah Boyes' husband Stephen Boyes, who had previously had an 0-licence revoked, played a significant part in the operation; • alleged Sarah Boyes might be operating vehicles specified on the licence of her brother-in-law Mark Boyes; • found infringements in relation to driver's hours and tachographs; • discovered vehicles being driven without driver cards or tachograph records; • looked at evidence of failure to use the nominated operating centre over a sustained period; • found many preventive maintenance inspection sheets did not have signed certificates of roadworthiness and none indicated that any form of brake testing had been being carried out.
A total of 13 drivers were investigated; 12 had offences on their charts, and 172 infringements were detected from 496 records. On appeal, Sarah Boyes alleged: • the TC had incorrectly linked her case with that of her brother-in-law; • the TC had been agitated when she first started the public inquiry and was disagreeable and annoyed throughout; • she and her solicitor were unable to give evidence that needed to be heard; • the procedure was excessively long; • the TC did not examine records properly; • Vosa submitted "false information, blatant errors and unjustified allegations" accepted by the TC without question; • the TC's findings of fact were wrong.
Hinchliffe said the tribunal could find no reason to criticise the approach, or conclusions, of the TC. "The overall picture is of a disgraceful dereliction of duty by the operator and its transport manager, which exposed drivers, other road users and the public to significant risk. In many ways, we think that she [the TC] has been merciful."
Summing up The judge agreed there had been clear evidence of a woeful lack of control and monitoring at Boyes Transport.