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Company had operated illegally for two years
Page 33
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Operator who ignored warnings he was breaking the law is disqualified.
A WELSH HAULAGE FIRM which operated illegally for two years has had its licence revoked and its main director disqualified from holding an 0-licence for six months.
Drivers' hours offences, the falsification of tachograph records, and the unauthorised use of vehicles by a limited company led to the action against Blaenau Ffestiniog-based Evan I lughes, trading as Hughes Specialised Transport. The company operated illegally for more than two years after Hughes changed from being a sole trader without making a fresh licence application.
Welsh Traffic Commissioner David Dixon said he would he prepared to consider an application by the limited company fora licence for not more than eight vehicles, but with a different. full-time transport manager.
The vehicles had been operated by Hughes Specialised Transport Ltd, of which Hughes and his wife were the directors, for more than two years.A licence application by the company was refused in July 2005.
Hughes, who held a licence for 10 vehicles and seven trailers, told the TC that after the company was formed, nothing changed on a day-to-day practical level. He thought seeking a fresh licence was a lot of paperwork and he would just carry on as before.
As far as he was concerned, he was running the vehicles, After a vehicle was stopped by Vosa in April. he had operated vehicles and employed drivers as a sole trader, hiring the vehicles from the company who paid him for the work done.
The TC made the revocation and disqualification orders on the grounds that Hughes had lost his repute as an operator and a transport manager. Dixon said Hughes had demonstrated a lamentable failure to make proper arrangements so that drivers' hours and tachograph rules were observed.
Failure to follow advice Eughes chose to set up a company to take over his haulage business. I le gave no thought to the need for the company to hold an 0-licence before it started trading, and failed to follow advice from the traffic examiner. The application for a licence in May 2005 showed Hughes understood the company needed to hold one.
The TC did not accept that I lughes thought the purpose of the form was to change the name on the licence. After failing to provide requested information and documents, the licence was refused and Hughes ignored written warnings that continued operation by the company was unlawful. In April 2006, well over two years after the company started running vehicles. Hughes sought to bring himself within the law by reverting to sole trader status, a device which technically achieved that aim.
The TC said that, following such an extended period of illegal operation. the changes made in April were too recent for Hughes to have regained his repute. •