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Revocation for Action

7th September 1995
Page 20
Page 20, 7th September 1995 — Revocation for Action
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Which of the following most accurately describes the problem?

• James Gauld, trading as Action Skip Hire. of Laurencekirk, has had his licence revoked by Scottish Traffic Commissioner Michael Betts who also refused a renewal application after a string of maintenance problems.

Vehicle examiner Neil Lavery told an Aberdeen disciplinary inquiry that Gauld's vehicle received an immediate prohibition for six items at its April 1991 annual test. Four more defects were found when the vehicle was retested five days later. That led to seven months of correspondence between Gauld and the Vehicle Inspectorate. Gauld blamed his then maintenance contractor and he presented a new maintenance contract.

The vehicle failed its annual test on two further occasions. In September 1994 it received an immediate prohibition at a roadside check, and when presented for clearance nearly four weeks later the prohibition was varied for a further six defects. The same vehicle was issued with an immediate prohibition for seven items in April, endorsed "significant maintenance failure".

Gauld said he felt he was harshly treated by the Montrose examiner although he acknowledged that other examiners had been involved in the prohibition and variation notices. He agreed he had not complained to the senior enforcement officer until six days ago and he had not appealed against the imposition of any of the prohibitions. Gauld said he had been doing his own maintenance since his contractor died two and a half years ago. Work beyond his capability was done by a selfemployed mechanic. He agreed he had not informed the LA.

Reed initially said his vehicle was being kept at his declared operating centre at Fordoun, but then admitted to the LA that the vehicle had not been kept there since September 1994 when he was disqualified from driving. It was at Laurencekirk for the convenience of the driver. He said he had forgotten to bring accounts, as requested. He agreed that two small cheques payable to VI had been refused by his bank.

Betts said Gauld was clearly unprofessional and not competent to carry out safety inspections. His 1991 statement that he was no mechanic was a realistic assessment. Gauld had failed for something like two and a half years to notify anyone about the change in maintenance arrangements and for nearly a year that he was not using his nominated operating centre.

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Locations: Aberdeen

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