TM unpaid but approved • A man who a. received
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no salary but was paid in kind for his work has been accepted as a professionally competent transport manager by North Western traffic commissioner Martin Albu.
Although the Commissioner said transport manager Patrick Hoskisson was not technically employed by West Thurrock based Cables Montague Contracts, Hoskisson did have the effective responsibility for the job required by regulations.
The Essex haulier was before Albu to renew its Liverpoolbased licence, with a reduction in authorisation from 48 vehicles and 48 trailers to six vehicles and four trailers.
Vehicle examiner Eric Bober said that the nominated CPC holder, Hoskisson, told him that he had been made redundant in November 1991.
Managing director Murray Cables said that the company operated around 40 vehicles in the Eastern and Western Traffic Areas.
It had severely reduced the fleet in the North West after losing a contract with Burmah Oil and having to renegotiate a con tract with Otis Elevators, where the vehicles were kept Hoskisson was employed as full-time transport manager until April 1992. He was then made redundant, as his role as transport manager of a large fleet had disappeared. He was offered alternative employment as transport manager, looking after two vehicles.
Albu commented that the written employment agreement was dated February 1993, but Cables told him Hoskisson had remained as transport manager in the interim, as he was required to oversee the vehicles and collect tachograph charts.
Questioned about payment and the hours worked, Cables said Hoskisson was a very experienced man who worked the hours required to oversee two vehicles. His phone and car bills were paid by the company, but he did not receive a regular salary The company kept in regular contact with him.
For the company, Gillian Crossley argued that there was no requirement for a transport manager to be regularly paid a set sum of money. Hoskisson had the day-to-day control of the drivers; he had managerial responsibility and she would say he was "employed".
Renewing the licence for three vehicles, Albu said that although the signed agreement was not a contract of employment in the legal sense, it seemed that Hoskisson might have the effective responsibility required by the regulations.