Flynn falls foul of flagging out
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A Manchester international haulier had his licence suspended for 36 hours after he gave formal undertakings to a Traffic Commissioner about flagging out and VED.
Michael Flynn, trading as MBF Express Freight, appeared before North Western TC Beverley Bell at a Bury disciplinary inquiry following alleged breaches of the hours rules by three of his drivers and flagging out.
He undertook to register three vehicles currently registered in Ireland and Holland in this country within 14 days; and to pay six months' VED on all three vehicles. Flynn also promised to register all the vehicles on his British 0-licence in the UK, and to tax them at the appropriate UK rate.
He holds an international licence for six vehicles and six trailers, with four vehicles and five trailers in possession.
Flynn told the inquiry that following a Vehicle Inspectorate investigation as part of his five-year licence review, he applied for a GL55 certificate. The next thing he knew he had been called to public inquiry. He had spoken to operators in other traffic areas
who had had the same experience.
He wanted to flag out at least two vehicles which spent most of their time on the Continent because of foreign hauliers undertaking cabotage in this country and the fuel crisis. He agreed that he had flagged out one vehicle to Ireland 12 months ago. This had been done to save money when it seemed that a lot of operators were doing the same thing. He had paid £650 to tax the vehicle in Ireland instead of nearer
£3,250 in this country.
Appearing for Flynn, James Backhouse said most of the allegations related to breaking the fortnightly driving limit of 90 hours; the worst case was five hours over the 90. Flynn said he had not realised they had been approaching the fortnightly limit; he had been more concerned to ensure that the daily limit was not exceeded. "On a scale of one to 101 think these offences would rate two," he added.
Asked about a vehicle that had been flagged out and was now Dutch-registered, Flynn said it had been operated on a Dutch licence held by a Mr Platt. He was aware that Platt had lost his Dutch authorisation; he had paid Platt a lot of money. The vehicle was still being used for the international carriage of goods. He had a Dutch company, MBF BV, which had a Dutch bank account—that was why he had wanted the 0L55 certificate.
Suspending the licence after hearing other facts in private, the TC warned Flynn that if he had not decided to tell her the truth she would have revoked his licence. His repute had been tarnished but not lost.