LEGAL DIGEST A
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Your comprehensive guide on how to keep running legally and what could happen if you don't... 'Cavalier attitude' Leads to revocation TC Nick Denton revokes Mix Transport's restricted 0-licence and disqualifies its director for two years By Roger Brown
HOUNSLOW-based Mix Transport has had its restricted 0-licence revoked for displaying a cavalier attitude to compliance. Following a July public inquiry (PI) in Eastbourne, Nick Denton, South East traffic commissioner (TC) also disqualified its director, Amarjit Singh Anita, for two years. In July 2012, the operator applied to upgrade its licence from restricted to standard national, and to increase its authorisation from five to eight vehicles. However, a Vosa investigation found that maintenance work was being carried out by Anita himself, rather than by the provider stated in the operator's original application. At the end of that PI, the TC refused the firm's request to upgrade its licence, and the firm had to give an undertaking that it would be the subject of an independent audit report. The subsequent audit, carried out earlier this year, discovered that: • there were still no purpose-built maintenance facilities, such as pits or hoists; • the MoT pass rate was "appallingly low" and there had been a "cavalier attitude to compliance"; • tacho charts weren't sent to an outside firm for analysis. There was no evidence of checking for infringements or feeding back infringements to drivers; • the photocopies of drivers' licences was untidy and there was no evidence of recent checking; • rectification action was not being recorded in all cases regarding the nildefect driver daily check system;
• some preventive inspections were overdue and some records were missing.
One of the firm's vehicles was illegally undertaking journeys for hire and reward between November 2012 and February. In addition, the business had picked up five prohibitions since the 2012P1.
Attila told the TC he had completed an 0-licence management course in November 2012, and had paid for his transport manager Kalwant Singh to attend a CPC refresher course in July. There had also been improvements in the most recent audit report and a recent first-time MoT pass.
The TC concluded: "A licence cannot survive failure to comply on so many issues. Illegal operation for hire and reward; five prohibitions in a year; a poor MoT pass rate; a deficient driver defect reporting system; a failure to analyse tachos and to inform drivers of infringements, especially since these failings have been continuing, uncorrected." Summing
The TC said Aujla must gain the skills, knowledge and attitude necessary to be compliant before rejoining the industry.