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'Front' operation for revoked firm is shown the red card

2nd March 2006, Page 33
2nd March 2006
Page 33
Page 33, 2nd March 2006 — 'Front' operation for revoked firm is shown the red card
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Which of the following most accurately describes the problem?

The two directors of an operation that was "entirely wrong" have been disqualified indefinitely, and the transport manager has lost her repute.

AN OPERATOR THAT employed drivers on behalf of a firm whose licence had been revoked has been taken off the road. Bury-based MVP (Spares) and its two directors, Andrew and Terence Simpson, have been disqualified indefinitely from holding or obtaining an 0licence in any traffic area The company held a licence for eight vehicles and two trailers. It appeared before NorthWestemTraffic Commissioner Beverley Bell at a two-day public inquiry (CM15 December).

The TC was told that MVP carried waste for Swinnerton Environmental and construction equipment for two other customers. The firm employed five drivers who had formerly worked for Swinnerton.

Andrew Simpson said that by employing the drivers himself, he dealt with concerns about possible illegal operation that may have arisen if Swinnerton had employed the drivers.

Making the revocation order, the TC concluded that from the moment MVP's licence was granted it had been used as a device to allow Swinnerton to continue to operate CVs. MVP's managing director, Andrew Simpson, and its transport manager, his wife Fiona, had been willing accomplices in that illegal venture, she added, They both knew of the revocation order but did not enquire as to the reasons.

They had operated from the same operating centre with the same vehicles driven by the same drivers controlled by the same supervisor, Chris Swinnerton, serving the same customers.

The only difference was the name and 0-licence number on the discs displayed.

Other offences included the use of vehicles without VED; the late payment of a penalty to the DVLA for a bouncing cheque; and maintenance failures.

TheTC was satisfied that Andrew Simpson had not separated truth from fiction in his evidence to her. She found that the whole basis of the operation was entirely wrong and the assurances given as to future conduct were wholly unreliable.

Making the disqualification orders, the 'I'C said the breaches involving the company were serious because they went to the heart of road safety and fair competition.

She held that Fiona Simpson had lost her repute as transport manager. Simpson had been negligent in her duties and her conduct had shown that she did not, and would not, have continuous and effective management of the transport operation. o


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