0-licence misuse 'had to be brought to an end'
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M O'Donnell & Sons' licence is revoked after it failed to declare limited company By Roger Brown
NORTH EAST traffic commissioner (TC) Kevin Rooney has revoked the 0-licence of a Huddersfield operator after its boss failed to apply for the required new licence when he formed a limited company.
In a decision following a public inquiry in Leeds in October, the TC terminated the licence held by John O'Donnell, trading as M O'Donnell & Sons, immediately, saying its misuse "had to be brought to an end".
The TC heard how O'Donnell had set up his limited company, M O'Donnell & Sons Ltd, in 2008 but failed to apply for a new 0-licence to operate vehicles as he should have done.
He continued operating using his sole trader licence, despite needing authority in the name of the new business.
However, M O'Donnell & Sons Ltd subsequently went into liquidation.
O'Donnell then hired his vehicles to another firm — Colne Vale Contractors — formed by one of the directors of M O'Donnell & Sons, along with Colin Thwaites.
Thwaites had been employed as a transport manager by O'Donnell, although he resigned from that post in May this year.
The issues came to light after one of the vehicles hired to Colne Vale Contractors was stopped in May in Greater Manchester. Checks by Vosa examiners revealed defects on the vehicle, including one item that was considered safety critical.
A traffic examiner also found that the driver, Colin Smith, did not have the appropriate entitlement to drive the vehicle.
In addition, the vehicle was displaying a licence disc issued to John O'Donnell — even though it was being operated by Colne Vale Contractors.
At the hearing, Thwaites gave evidence to the TC and admitted he had used the licence issued to O'Donnell in ignorance.
However, TC Rooney concluded that Thwaites could and should have prevented the issues that arose, noting that he had failed to check Smith's licence.
The TC added that he had been impressed with the frankness Thwaites displayed at the hearing and that he had also responded promptly to the matters once they had been brought to his attention.
TC Rooney noted that he had made an application for an 0-licence in the name of Colne Vale Contractors and granted it permission to run LGVs.
Thwaites gave a commitment to complete a refresher course on transport manager duties with one of the industry trade bodies. O'Donnell did not attend the hearing.
TC Rooney said: "This licence has been abused for a number of years, the operator may have been able to explain why but he chose not to appear.
"I am satisfied that the level of abuse is such that I, as a regulator, have no confidence nor influence over the safety of vehicles being used under the licence."
Summing up
According to TC Rooney, the 0-licence held by the Huddersfield business was abused for years.