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Bid for 0-licence fails due to lack of trust

8th October 2009, Page 24
8th October 2009
Page 24
Page 24, 8th October 2009 — Bid for 0-licence fails due to lack of trust
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Which of the following most accurately describes the problem?

TC refuses to grant an 0-licence to applicant she did not trust and who had expressed a 'cavalier' attitude.

A N APPLICATION for a new 0-licence for eight vehicles and eight trailers by B Kennedy Commercials has been turned down by the Scottish Traffic Commissioner Joan Aitken, after she decided she could not trust its principal director, Brian Kennedy.

The TC said the 0-licence Kennedy had held in partnership with Melissa Ross had been revoked in December 2008, after the TC concluded that the partnership had not been in existence for some time.

The owner of the Cupar operating centre, which Kennedy had assumed would be okay to use again, because he had used it before, had written to say that Kennedy had not approached him for permission to use the site and he would not agree to it.

The operating centre owner also said there had been lots of problems, and that he would not have Kennedy as a tenant again. Kennedy said he had parked there for years without problems.

Questioned by the TC. Kennedy said he was not operating now, but he was not saying he had not done the "odd load or two': He knew it was wrong, but it was done in order to keep the work and any chance of a job.

Since December 2008, the firm had done some work. Strathclyde Transport at Bellshill, owned by Cied Gaffney, was covering the firm's distillery work.

The TC said that enquiries had revealed the proposed transport manager, John Potter, had a home address in Oakham. Rutland, and had been on a number of 0-licences, some for a relatively short period of time.

Potter said that after he was made redundant, he had contacted Classic Transport Consultancy of North London and was given details of operators.

He agreed that his signature was on a form dated 10 May 2008, yet the signature of the applicant was dated 10 January 2008. He further agreed he had been signing pre-signed forms.

Asked whether he was nominated just to get the licences, he replied he would have gone through Classic and that it would have sent him the forms, which he would then send back.

The TC said she did not trust Potter, and that she rejected him as the transport manager on this application.

In addition, Kennedy had given false information in the application form. He had a cavalier and self-serving attitude, and reliance could not be placed on answers given by him.

Kennedy was forced to admit he had hired a truck for a month, and had been operating unlawfully to keep his business going. He took a chance and didn't expect to be caught.

There was also his behaviour in relation to the previous 0-licence, when he operated in a non-existent entity, and where he actively misled her as TC. She did not trust Kennedy.


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