Haulier keeps licence after director resigns
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Incident involving cement mixer rollover led to Vosa investigation that found dismal MoT pass rate BRASSINGTON-BASED S&P Services (Longcliffe) has retained its licence after one of its directors, convicted over a traffic incident, offered to resign.
Paul Horobin, who ran the Derbyshire haulage firm with his brother Steven Horobin, made the offer to deputy traffic commissioner (TC) Simon Evans during a public inquiry (PI) into the firm's conduct.
Paul was convicted in September at Chesterfield Magistrates' Court. He entered a not guilty plea, but was fined £300 for failing to give information on a driver and £500 for obstructing a constable in the execution of his duty. He also received six penalty points for the first offence.
The charges centred around an incident on 12 January, when a cement mixer rolled over on the A5102 in Derbyshire. An inspection of the vehicle — which was owned by Mighty Mix, a company of which Paul was also a director — led a Vosa examiner to conclude it was in a poor state of repair.
A safety-critical prohibition notice was issued to the vehicle after it was found that S&P Services had been running the vehicle at the time.
After an earlier PI had been adjourned to await the outcome of Paul's court case, both brothers appeared before Evans on 20 November.
At the reconvened PI, the deputy TC heard that a follow-up Vosa investigation to the company's operating centre had revealed failings in its procedures for keeping vehicles roadworthy.
Reviewing the remaining findings, Evans described the operator's MoT pass rate as dismal, and recorded that it had provided no written evidence to the examiner that vehicle defects identified by drivers were repaired as required.
However, he noted that the position had started to change by the time of the firm's first PI.
"When I saw the operator in July, a transport consultant had been engaged and there were early signs that there might be compliance," the deputy TC said.
Evans told the operator he had to decide whether to make a finding that it had lost its repute, which would mean the termination of its 0-licence.
However, Paul Horobin's offer of resignation as a director led to a curtailment of the licence instead.
"I record a formal warning against the operator," said Evans, adding that Paul should have no active role in the management of the firm.
The deputy TC also secured two commitments from the operator — to provide evidence of Paul's resignation within 30 days of the hearing and to have independent audits carried out on a quarterly basis.
The company's transport manager, Tracey Edwards, was also called to the hearing. Although she had been tarnished by the maintenance failings, the deputy TC deemed that she had not lost her repute to act as a transport manager.
S&P Services' licence has been cut from five to four vehicles, with the trailer authorisation remaining at three.
Resignation deal Director's offer led to an 0-licence curtailment from five vehicles to four instead of the termination of the licence.