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Collusion led to tarnished repute and suspension

6th February 2003
Page 21
Page 21, 6th February 2003 — Collusion led to tarnished repute and suspension
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Which of the following most accurately describes the problem?

A Cheshire haulier who allowed an unlicensed operator to use vehicles under his licence has been pre vented from working for 21 days by the North Western Deputy Traffic Commissioner.

Hyde-based Stuart Martin Jones, trading as Martin Jones Haulage, had been called before Tom Macartney, who was also considering a fresh Operator's Licence application by Glossop-based Wayne Whitehead, trading as W Whitehead Haulage. Whitehead had been using Jones' licence. A request by Whitehead for interim authority had been refused.

In May last year, IC Beverley Bell revoked Whitehead's previous licence because of maintenance problems and the use of red diesel, and disqualified him from holding or obtaining an 0licence indefinitely. She also held that Whitehead had lost his repute as a transport manager.

The DTC said that two vehicles specified on Jones' licence, but operated by Whitehead, had been impounded by the Vehicle Inspectorate in August. Both vehicles were subsequently returned to leasing companies without the need for a hearing. Vehicle examiner Colin Brown said that he had carried out a maintenance investigation in relation to Jones in August Jones was operating two vehicles, one of which was owned by Whitehead.

Refusing Whitehead's application, the DTC said that, after having his licence revoked, he had deliberately colluded to place one vehicle on the licence of another operator; and used a second vehicle without a licence. Whitehead had lost his repute and been disqualified on 31 May 2002, yet despite that he continued to operate for another three months. He added it was unlikely that any application by Whitehead as an operator or transport manager would be successful within two years, and after that only at a PI in front of the North Western IC. In suspending Jones' licence, and saying his repute was tarnished, the DTC said collusion in allowing a revoked operator to specify on his licence would normally mean revocation and possible disqualification.


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