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TC cuts fleet from 18 to eight ovit.
Page 40
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A COMBINED FLEET of 18 vehicles controlled by a South London operator has been cut to eight after an Eastbourne disciplinary inquiry was told that vehicles had been operated after one company went into liquidation.
South-Eastern & Metropolitan Traffic Commissioner Christopher Heaps had been considering action against the six-vehicle licences held by Phillip Fitzsimmons as a sole trader, and that of Amtrexx (GB) and Aggregate Tippers, for which he was sole director. Amtrexx went into liquidation on 31 May 2005.
Vehicle examiner Peter Lanckmans detailed 33 prohibitions, refusal to clear and variation notices, of which three were endorsed S. He reported that safety inspection records were incomplete and that there was no evidence of a written driver defect reporting system. Fitzsimmons' initial pass rate at annual test was 7%;Amtrexx's rate was 8%.
Fitzsimmons said he treated the vehicles on all three licences as one fleet. 1 le admitted forgetting to notify the TC about convictions against Amtrexx for an over loading offence and failure to secure the return of a tachograph record, and against himself for permitting a person to drive without the correct licence.
He believed his fitter might have used the first annual test presentation as a check of existing defects. He had also failed to persuade drivers to complete defect report sheets. Fitzsimmons admitted that Amtrexx vehicles had been operated after the company went into liquidation.
For Fitzsimmons. James Duckworth said the vehicles were engaged on heavy work over rough ground; some of the steering and spring problems on his MANs might be inherent in their design. A driver defect reporting system was now in place and a new workshop and fitter had been provided.
Revoking the Amtrexx licence, and cutting the others to four vehicles apiece, the IC said there could be no excuse for Fitzsimmons' failures in the light of previous advice and warnings. A statement of affairs indicated that Amtrexx had a likely deficiency of £229,113, of which £54.000 was owed to Fitzsimmons.