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Tyre company gets fresh start but its CPC holder loses repute
Page 31
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IGNORANCE WAS accepted as an excuse when a West Midlands tyre company succeeded in being granted its own licence after wrongly using that of another operator.
However, the transport manager holding that licence was judged to have lost his repute because he should have been -fully aware" that the action was wrong.
West Midland Deputy Traffic Commissioner Alan Bourlet concluded that Summit Tyres (UK) of Coventry had acted out of ignorance rather than deliberate guilty intent.
The DTC revoked the licence that had been used, which was held by Malvern based Selas, trading as Three Counties Industrial Tyres, before granting a fresh restricted licence for three vehicles to Summit Tyres (UK), of Coventry. He concluded that Selas director Christopher Wilson, who had acted as Summit's transport manager, had lost his repute as a CPC holder.
The DTC had been told that after a vehicle displaying a Selas licence disc had been stopped in a check in January, Summit Tyres was fined £1,200 with £30 costs for using a vehicle without an 0-licence and for failing to issue a driver with sufficient tachograph records. Various drivers were given police cautions for breaches of the drivers' hours and tachograph rules. (CM 7 October).
The DTC said Wilson, who obtained his CPC through "grandfather rights", did not seem to have even a rudimentary grasp of the law governing drivers' hours and conduct. He should also have been fully aware that he could not operate legitimately by adding a Summit Tyres vehicle to the Selas licence, when that vehicle was owned and operated by Summit.
lie considered the misfortunes that eventually overtook Sum mitTyres and the prosecutions that followed were born out of incompetence rather than guilty intent. He held Wilson responsible for the mess that SummitTyres got into and for the convictions and police cautions that followed. It came about due to a lack of expertise on his part that came from a poor grasp of his duties as transport manager.