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Vehicle examiner Simon Andrewartha said a maintenance investigation in December
Page 33
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2004 revealed that the nominated transport manager, Mark Sumner, was not doing the job.
The Deputy TC said that in September 2005 Sumner wrote to say that he had never been the transport manager and that he was considering civil action over the misuse of his CPC without permission. Sumner had been asked to attend to give evidence but had declined.
Andrevvartha said that in March he had carried out a further maintenance investigation. He inspected one vehicle which was defect-free, but the driver was Lithuanian and communication was difficult.The driver defect reporting system had fallen into disuse because of language difficulties.
The initial failure rate at annual test was 100% and the final failure rate was 66%, but there was no history of prohibitions.
Ling had told him that she had not operated between December 2004 and March 2006 because she did not have a CPC holder; instead ale vehicle had been used by a Sean Mullins.
Ling said she was only operating one lefthand-drive vehicle. She claimed Sumner was nominated as transport manager when the licence was granted in April 2004 and was supposed to look at the maintenance and tachograph records once a week but never did so.
Nine-month lapse
-He never really did a lot," she told the DTC, adding that Mullins, who had his own 0-licence, had assisted her as transport manager but only held a national CPC. She agreed that she had effectively operated without a transport manager between April and December 2004.
Her current nominated transport manager, Lester O'Brien, was contracted to do 10 hours a month and came in every Saturday.The driver was now filling in daily defect reports. She intended taking the CPC examination herself.
For Ling. Joanne Emery argued that the transport manager's functions had been carried out, though not by the right person.
The DTC said Ling was fortunate to keep her licence. He had taken account of the fact that Action Traction was a very small and relatively new operation. However, he had to bring home to Ling that what she had done could not go without sanction and penalty. •