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'Serious misjudgement'
Page 31
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A 'reckless' application was rejected because of lies about previous convictions.
A COMPANY which lied about previous convictions of managers in its application has failed to win an appeal against the refusal of an 0-licence for three vehicles and three trailers.
Durham-based Dolphin Express Freight & Caravan Storage had appealed against the decision of the North-Eastern Deputy Traffic Commissioner Elizabeth Perrett.
The Transport Tribunal heard that the directors of the company were George Wallace, Lorraine Linney and Derek McArdle. The nominated transport manager was McArdle's wife Louise.The McArdles had previously held an 0-licence, trading as DMC Freight.
That licence was revoked in September 2001 because of convictions for drivers' hours and overloading offences, speeding by drivers, a poor maintenance record and a lack of sufficient finance. Account was also taken of convictions recorded against Derek McArdle for driving without a licence and without insurance. Both the McArdles were disqualified for an indefinite period.
Two-vehicle licence In January 2002 Louise McArdle was granted a restricted licence for two vehicles and two trailers.
Dolphin Express Freight had applied for an international licence authorising three vehicles and three trailers. The information given on the application form was incorrect in that the question whether anyone connected with the application had had a licence refused or revoked was answered "No", and none of the convictions recorded against the McArdles were declared.
Linney told the DTC that it was her idea to provide storage for caravans and an 0licence was required to provide international transport for the movement of caravans. Wallace had agreed to be her backer and he had approached Derek McArdle as someone experienced in road transport. She had completed the application form with the help of the other directors and Louise McArdle.
Convictions were revealed Evidence was given by Louise McArdle that when she had applied for her own licence a little over a year previously she had referred to her convictions. She believed that when the Dolphin Express application form was completed she had regained her repute and therefore did not need to refer to her convictions.
The DTC said that in allowing themselves to be advised by the McArdles, Wallace and Lorraine Linney were guilty of a very serious misjudgement which amounted to recklessness in the way the. application form was completed.
The Tribunal said no adequate explanation was put forward for the failure to disclose the revocation of the DMC licence which was known to all the directors. The answers given in the application amounted to a fundamental flaw that was not capable of correction.
The inaccurate answers to the questions undermined the relationship of trust that existed between operators and TC. •