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0-licences lost for agency managers
Page 8
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by Michael Jewell Hauliers using agency transport managers have been dealt another blow after North Eastern Traffic Commissioner Tom Macartney ruled against beleaguered agency Transconsult at a Leeds Public Inquiry.
He has revoked the 0licences held by four operators and refused a licence application by a fifth, all of whom were using Transconsult transport manager Anthony Blake (CM 26 Sept-2 Oct).
The IC said that the professional competence requirement has to be satisfied by an individual, but in this instance it seemed the operators were paying Transconsult rather than the CPC holder directly.
In addition, the operators had never met their transport managers until some time after the applications were received by the Traffic Area Office. At that stage the transport managers had no knowledge of the operators vehicles, maintenance systems, types of operation or facilities.
In two cases where the Transconsult managers were found wanting, Transconsult chose their replacements. The IC said that flew in the face of normal practice—control over the transport manager, his terms of employment and any disciplinary procedure should rest directly with the operator.
Transconsult CPC holders were not employed by the operators and therefore did not meet the requirements of the legislation, said the IC.
Finding that Blake had lost his repute as a transport manager. he added that Blake had been notified in June that the arrangement involving eight licences could not -by any stretch of the imagination be exercising continuous and effective responsibility".
Blake had done little to alter his arrangements since that date: it seemed that the details of that decision were not communicated to most of the operators appearing at the present Public Inquiry.
The IC took no action against the licence of WT Bunting & Sons, having been told that one of the partners was attending a CPC course. He refused the application by Elite Transport Services and revoked the other operators' licences with effect from the end of the year as they no longer met the requirement of professional competence.
11 The firms involved were: James Bunting & Partners, trading as WT Bunting & Sons, of Matlock; Steven Parker, trading as Lonestar, of Salford; David Casey, trading as Algos Transport, of Atherton; Paul Sedgwick, trading as Sedgwick
Haulage, of Holmfirth; Catherine Ramsden and Navid Masud, trading as Elite Transport, of Dewsbury; and David Edginton, trading as Edginton Transport, of Bradford. In addition there was a licence application by Jack Rawson Haulage, trading as Elite Transport Services, a company formed by Catherine Ramsden to replace her partnership's licence.