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TC disqualifies 'danger to the public' for three years
Page 35
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Many of 35 prohibitions issued related to brake defects; the initial failure rate at annual test was 100%. Mike Jewell reports.
A LONDON MAN has had his 0-licence revoked and been disqualified from holding a licence for three years after using an unauthorised operating centre for two years, amassing 35 prohibitions and claiming inspection records had been accidentally destroyed.
Hubert Townsend, trading as Ubart Commercial Services, with a licence for five vehicles and three trailers, was called before South-Eastern and Metropolitan Deputy Traffic Commissioner Christopher Heaps.
Vehicle examiner Jamie Mitchell said Townsend was not using his authorised operating centre at Wandsworth and had been operating from Battersea for approximately two years. Inspection records were available only for vehicles purchased in the past 12 months, and Townsend claimed the other records had been destroyed in a flood. Follow-up action was not recorded on driver defect reports.
Brake defects Since the licence was granted in April 2003, 35 prohibition and variation notices had been issued in respect of Townsend's vehicles, three of which were S-marked (indicating a serious lapse in maintenance). There were 35 immediate and 29 delayed defects recorded on the prohibition and variation notices. Many of the prohibitions related to brake defects.The initial failure rate at annual test was 100% and when vehicles were re-presented for clearance 75% again failed.
Townsend said the number of prohibitions issued each year had dropped since 2004.He had large workshop facilities and two experienced mechanics. He accepted that the absence of roller brake test facilities was a problem and said he was making arrangements for his fleet to be serviced and inspected by outside contractors. That should improve the annual Lest first-time pass rate.
He said he had had to vacate his original operating centre and there had been no intent to deceive Vosa or any other organisation.
Making the revocation and disqualification orders, the DTC said he had rarely, if ever, seen such a history of maintenance failure as was demonstrated by 35 prohibition notices on a relatively small fleet and a 0% annual test first-time pass rate.
Serious danger The fact that so many failings related to brakes and so many prohibitions related to immediate defects, together with the annual test failure rate, demonstrated that the public had been seriously endangered by Townsend's activities. The DTC found it incomprehensible that his appalling record had not lead Townsend to take steps previously, perhaps by appointing independent contractors, to improve standards before being called to public inquiry.
Despite this being his first public inquiry, Townsend's failings were so serious and the danger to the public so great as the result of his blatant disregard for his responsibilities as an operator, that it was "appropriate and proportionate" to revoke the licence. Is