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Bilston Skip Hire loses licence appeal

2nd June 2011, Page 19
2nd June 2011
Page 19
Page 19, 2nd June 2011 — Bilston Skip Hire loses licence appeal
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The operator appealed against its disqualification back in November 2010 but failed to impress the judge

By Roger Brown

BILSTON SKIP Hire Services – criticised by a Deputy Trafic Commissioner (DTC) for “persistent and prolonged” breaches of its maintenance undertakings – has lost an appeal against its disqualiication.

Upper Tribunal judge Frances Burton upheld the November 2010 decision of Lester Maddrell, DTC for the West Midland Trafic Area, when he revoked the company’s O-licence, disqualiied it from holding or obtaining one for six months, and disqualiied director Harmandeep Singh Gill for six months.

At the public inquiry (PI) held in Birmingham in October 2010, VOSA vehicle examiner (VE) Jones presented the maintenance report he had carried out into the irm in May that year.

Jones found deiciencies in the preventive maintenance inspection (PMI) records at the irm with inspection intervals exceeded and incomplete driver defect reports not properly signed off. There were no records produced to show that the company’s mechanic had inspected each vehicle each week as claimed, and environmental conditions had not been complied with. The VE had discovered persistent and prolonged breaches of general maintenance undertakings between May 2008 and March 2010.

He said that the only undertaking from a previous PI in 2008 that had been complied with had been in respect of tachograph compliance and drivers’ hours. There was also a poor annual test rate – 64% irst time pass as compared to 84% national average – and no prior checks before submission for tests.

Jones said he had found no evidence that roller brake testing had been conducted and had issued prohibitions. Of the two immediate prohibitions, one was S-marked and one delayed. One of the prohibitions issued had been in response to half the wheel nuts of one wheel being loose.

At the PI, the DTC said the prohibition “may well have prevented a fatality”. Jones said that since May 2010, there had been two further encounters at the roadside, one clear and one resulting in a delayed prohibition for an oil leak.

In addition, Maddrell had not been told of changes in directors – a Jatwinder Singh had originally been a director but had left for health reasons. The DTC had also not been informed about the departure of company bookkeeper Sarah Westwood in December 2009, which was a speciic obligation as one of the undertakings given at the PI in 2008.

Westwood had suddenly left the business without notice and without undertaking any handover, the PI heard.

However, Bilston Skip Hire Service was successful in its appeal against the DTC’s decision to disqualify company secretary Bikram Singh for three months.

It successfully argued that he had never had any direct responsibility for the operation of the vehicles.

The other revocations and disqualiication orders of the DTC will come into effect on 26 June.


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