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liglear licence taken away
Page 29
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The TC disqualifies a firm and its director — and challenges two transport managers who never got to do their jobs.
SHIFNAL-BASED CP Eurofreight (UK) and its sole director John Sharpe were disqualified from holding or obtaining an 0-licence for five years by West Midland Traffic Commissioner David Dixon. Its offences included false tachograph records and breaches of the drivers' hours regulations.
The company held a licence for four vehicles and six trailers, but did not attend the inquiry where the TC was also considering the repute of the two nominated transport managers, Michael Cahill and William Roberts.
Cahill said he had initially supported the licence application, which was granted on 5 September 2003. He had great difficulty in getting in touch with the people who ran the company, Sharpe and Ron Long, and he resigned at the beginning of September as he felt there was something amiss. He claimed he had never actually worked for the company or received any remuneration.
Job gone
Roberts said that he was offered the post in September 2003. He then went on holiday and, despite signing a contract of employment, was told on his return that the job had been given to someone else. He was told the documentation had not been submitted to the Traffic Area Office, when in fact it had.
The TC found that neither had acted at any time as transport manager for the company in practice and were not to blame for the problems that arose. However, he expressed concern that they had allowed their names to be associated with the company when they were not actually involved.
Traffic examiner Max Breakwell said an investigation commenced after an anonymous complaint was received that the company's drivers were not abiding by the drivers' hours and tachograph rules. Analysis of tachograph charts and other documentation, including ARP camera information, revealed not only hours offences were being committed, but tachograph charts were being falsified by seven drivers both in the UK and on the Continent.There was a total of 124 offences, 47 of which involved falsification.
The TC said the failure to ensure those recruited as transport managers did the job required of them by law was an indication that the company had no interest in running a safe haulage operation, rather that they used the licence as a figleaf of respectability to make money before the enforcement agencies caught up with them.The company had demonstrated an utter disregard of the law applying to drivers. with all the potential adverse consequences for road safety.
He had no powers to disqualify Long as he was not named on the licence, but were he to become aware of his involvement in another licence, that licence would be considered at a public inquiry. •