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Convictions left unreported

2nd December 1999
Page 18
Page 18, 2nd December 1999 — Convictions left unreported
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Which of the following most accurately describes the problem?

The licence held by Ashby De La Zouch-based Stuart and Susan Andrews, trading as Andrews Haulage, was suspended for 14 days by Eastern Traffic Commissioner Geoffrey Simms for a failure to declare convictions.

The partnership, which holds a licence for 20 vehicles and 20 trailers, appeared before the Commissioner at a Cambridge disciplinary inquiry.

Asked why convictions against the partners and a number of drivers had not been reported, Stuart Andrews said he had thought that as they were ministry prosecutions the Traffic Area would automatically know about them. They had not been declared on the application form when the partnership wanted to vary its licence as he had thought the question related to criminal convictions for dishonesty. There had been no intention to hide the convictions or deceive the Traffic Area.

After the Commissioner had pointed out that the reporting of convictions had been an issue at a previous public inquiry yet subsequent convictions had not been reported, Andrews said he had not thought they were substantial enough.

He admitted he had not read the advisory booklet or the licence conditions and he conceded it had been a serious mistake. Dennis Neil, transport manager of the associated Moores Transport (Ashby), said when he had completed the application form he had not been aware of the Andrews' convictions and he had not asked Andrews about convictions. He accepted that had been a mistake.

Neil said that as the two firms were completely separate he had not realised convictions of directors while in another capacity should be reported. The two were run separately and he did not know a lot about the Andrews operation.

For Andrews, Michael Gotelee argued that the false statement in relation to convictions had not been deliberate.

Suspending the licence, the Commissioner said there had to be an acceptance of the rules and he would not allow the haulage industry to be selective over what was required.

• At the same inquiry the Commissioner cut the licence held by Moores from 14 vehicles and 22 trailers to 10 vehicles and 20 trailers because of concerns over the company's maintenance record.


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