Bell revokes one licence and threatens more of the same
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The four-vehicle licence held by Cheshire Site Preparations has been revoked by North Western Traffic Commissioner Beverley Bell, who has warned that she will probably be revoking a licence held by Eric Hale, trading in the same name.
Bell refused an application by H3 Environmental Services to increase its licence authorisation from two vehicles to 10, to take over the CSP business.
The directors of CSP were Eric Hales brother, Dr Christopher Hale, and their mother, Doris. Dr Hale told the IC that he had asked his solicitor to notify the Traffic Area that the company had gone into voluntary liquidation.
Evidence was given by vehicle and traffic examiners that Eric Hale and CSP had both been using an unauthorised operating centre in Liverpool: that an examination of tachograph records had shown various breaches of the drivers' hours rules; and that there was no driver defect reporting system.
The maintenance and tachograph records were produced by Eric Hale, who had said he was running CSR Dr Hale had maintained that his brother had not been running CSP but had merely been helping out while he was away in America, and that he had in fact been in control at all times.
He said that he had bought vehicles from CSP and vice versa, and 113 had taken over some of the CSP vehicles after the liquidation. He told the IC that the former CSP vehicles were parked up and had not yet been used.
Bell pointed out that an examination of tachograph records produced at the hearing showed that one vehicle had been used without authority, and that incompatible charts had been used in another over a two-month period. Many of the vehicles were taxed at the full HGV rate.
Refusing H3's application, she said: As a Commissioner with experience of the industry's concerns at taxation rates and the perfectly legitimate practice of detaxing vehicles for periods when they are not being operated, I find it inconceivable that these vehicles would lie idle for long periods.
When I link this to tachograph evidence of the use of
S1413RJA and failure by CSP Ltd to produce charts for certain vehicles, I come to the conclusion that there is a significant chance that these vehicles were operated without authority by H3. This is despite Dr Hale's protestations to the contrary."
Revoking LISP's licence, the IC concluded that the company did not have adequate systems in place to ensure compliance with the required undertakings. If, as Dr Hale had suggested, "brother Eric goes off on a frolic of his own", then the company had allowed an individual to take over responsibility for maintenance and tachographs which it should not have done.
If, on the other hand. Dr Hale was in complete control, the IC questioned why he failed to contact the Traffic Area to give them the information they needed, ensuring that all was in order with the licence. Bell remarked that the Traffic Area had not been told of the liquidation; it had not been told of the change of operating centre; and it had not been told that H3 had taken over a number of CSP's vehicles.
Eric Hale did not attend the hearing. Having been shown a doctor's note the TC adjourned his case to the beginning of June. She directed that he must be notified that she is considering revoking his licence and disqualifying him from holding a licence.