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Operator penalised for ignoring promises

28th May 2009, Page 22
28th May 2009
Page 22
Page 22, 28th May 2009 — Operator penalised for ignoring promises
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Which of the following most accurately describes the problem?

Trailers were checked by a gardener and repaired by a partner who knew nothing about brake systems.

AN OPERATOR HAD its trailers checked by a gardener with limited knowledge of the equipment, while repairs were carried out by a partner who had no knowledge of braking systems. As a result, M&J Weaver of Kidderminster has had its authority cut from four vehicles and 15 trailers to three vehicles and 10 trailers for a period of four weeks.

In addition, West Midlands Deputy Traffic Commissioner Roger Seymour ruled that the operation's transport manager, Jennifer Weaver, had lost her repute for failing to comply with undertakings given at a previous public inquiry. She and her husband, Malcolm, are partners in the business.

The DTC gave the firm 90 days to hire a new qualified transport manager.

He also severely criticised the VOSA policy of not imposing prohibition notices when vehicles were found to be defective during voluntary multi-checks, saying he found it extraordinary as it defeated the whole prohibition system, which was designed to prevent the operation of unsafe vehicles.

Vehicle examiner Christopher Ross told the DTC that since a previous public inquiry in June 2006, two immediate and three delayed prohibitions had been issued to the firm's vehicles and trailers. Undertakings given on the last occasion that all vehicles and trailers were to have a VOSA multi-check every six months, and that trailer maintenance and repair would be contracted out, had not been adhered to.

He called Jennifer Weaver by phone in January while parked on Matthew Lane to carry out an unannounced maintenance investigation. He asked where the operating centre in Matthew Lane was because he was having difficulty finding it. She said nobody was at the centre; he was also told the only vehicle there was off the road because the tax had expired.

He arranged a more convenient day. When he asked about the location of the centre again, she became defensive. Trailers were checked in a muddy yard by a contractor who had said he had limited knowledge of trailers and that he was a gardener. All repairs were carried out by Malcolm Weaver, but it was apparent he had no understanding of trailer braking systems, highlighted by a brake valve that had been cabletied to the chassis. A vehicle presented for a multi-check with a defective tyre and exhaust was not prohibited as that was the policy., said Ross.

He considered the condition of the trailers to be below standard, even though three of the trailers inspected had no defects. He agreed that when he called Mrs Weaver, she was not able to see any identification and that operators should be cautious in such events.

Jennifer Weaver said that, at the time, the local test station was overburdened. They had now found another contractor to carry out trailer inspections and repairs. The firm also gave a series of new undertakings with regard to vehicle maintenance.