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Octogenarian had no control

2nd June 2005, Page 31
2nd June 2005
Page 31
Page 31, 2nd June 2005 — Octogenarian had no control
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Which of the following most accurately describes the problem?

Five-year 0-licence revocation for out-of-control operators who "hired"

an 81-year-old transport manager and sacrificed their repute.

A FIRM which named a retired 81-year-old as its transport manager and committed a string of tachograph, licence and maintenance offences over four years has had its licence revoked.

Bathgate-based Derek and Main McComisky, trading as MTS, were disqualified from holding or obtaining an 0-licence in any Traffic Area for five years after Scottish Traffic Commissioner Joan Aitken revoked their licence at an Edinburgh disciplinary inquiry, concluding that the evidence pointed to operators who were "not in control-.

The partners, who held a licence for eight vehicles, had been called before the TC because of drivers hours and tachograph offences.

Traffic examiner James Sweetin said that an investigation in October 2000 revealed a series of offences and discrepancies, with unexplained full-scale tacho deflections and missing mileage. In January 2001 a vehicle was found not to be displaying an 0-licence identity disc and was not specified on the licence. In 2002 the !inn was required to produce tachograph records for February of that year, but claimed they had been stolen.

At a spot check at the firm's premises in the same month McComisky was unable to produce any maintenance records — he claimed the mechanic had taken them home with him. When asked for tachograph records, he said they had been sent to the tachograph bureau and would be available in a couple of days' time. Those documents were never received.

Two vehicles were checked at random and both were found to be displaying out-of-date vehicle excise discs. In April 2004 a vehicle and trailer were found to be out of test by seven months and four months respectively; the tractor unit's excise licence had expired on 31 January 2004. In May 2004 another vehicle was found to be operating without a valid test certificate or excise licence.

A check on 147 tachograph charts in August 2002 revealed 16 false records, five instances of insufficient daily rest, one of insufficient weekly rest. one 41/2 hours driving offence three of excessive daily driving and 47 charts which identified a defective speed limiter. Twentyeight charts showed the use of a vehicle without a current test certificate and five vehicles had been on the road on various dates with expired VED discs.

Sweetin said he had visited transport manager Robert Brown. who was 81 years old. Brown said he was retired and had no control over or responsibility for the firm's transport operation.

The TC said she found that the transport manager had been "hired in name only" and that the firm had operated without a genuine transport manager for many years, probably since 2001.The evidence in its entirety, including the failure to present vehicles and trailers for annual test and the non-payment of vehicle excise duty, pointed to an operator who was not in control.

The TC said she found the picture of noncompliance since 2000, including the dishonest attempt to claim that Brown was fulfilling the role of transport manager,wasso serious that the McComiskys had forfeited their repute.

She had no doubt that they had wilfully failed in their obligations as goods vehicle operators and that the pattern of neglect and lack of cooperation was such that they should not be allowed to stay in the industry. •


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