Russett loses appeal over Standen links
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Appeal judge says TC was right to ban Russet Red because of links with disqualified director
By Roger Brown
AXBRIDGE-BASED haulier Russet Red, which had an application for an O-licence refused over concerns that it was a front for a disqualified director, has lost its appeal against the decision.
In a written decision, upper tribunal judge Mark Hinchliffe upheld the ruling made by traffic commissioner (TC) for the West of England Sarah Bell (pictured) following a public inquiry (PI) in March, when she refused to grant the company a full O-licence, revoked the firm’s interim licence, and disqualified it from holding an O-licence for five years.
Russet Red was granted an interim licence for 12 vehicles and 10 trailers in March 2011 after its director, Christopher McCann, convinced the TC that Shaun Standen – who was disqualified from being a company director until 2026 and bankrupt – was not involved in the business. Standen, who had previously been involved with a company called Standen and Sons, was described by Bell as having had “a long and chequered operator licensing history” .
However, at the PI the TC said she was particularly troubled that a document in support of an alleged system at Russet Red to prevent overloading was a manifest dated February in the name of Standen and Sons.
Also, in January Russet Red had been convicted of three counts of using defective tachograph equipment.
Vehicles were being used for more than 28 days without being specified on the licence, and one was discovered parked at a Bibby facility in Cardiff – despite Russet Red not holding a Welsh traffic area licence. There had also been eight mechanical prohibitions issued – two as recently as February – and two drivers’ hours prohibitions issued at the roadside since the interim licence was granted.
Following the PI, the TC said her earlier trust in McCann had been misplaced. At the appeal, Russet Red argued that it had provided full financial records and had always complied with the orders of the TC and Vosa.
However, Judge Hinchliffe said that the disqualification had been “more than justified” and described it as a “bad case” . He added: “We have found no evidence of financial standing that would be, or could have been, acceptable to the TC. The bold assertion that the appellant had always complied with the TC and Vosa is, quite simply, contradicted by the facts.
“There had been ongoing abuses of the drivers’ hours and tachograph regulations, improper and unauthorised use of unspecified vehicles, and we consider that, on balance, the TC had been misled in relation to Mr Standen.
“We also consider that the TC’s conclusions as to ‘fronting’ were open to her on the evidence.” Judge Hinchliffe also upheld Bell’s decision to disqualify Russet Red director Christopher McCann from holding an O-licence for five years.
A serious offence
Fronting is serious where it is apparent that the person hiding behind the legitimate “front” would be unlikely to obtain or would be debarred from holding an O-licence in their own right.