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New team and new 0-licences for firm
Page 24
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A FIRM HAS been granted 0-licences to operate in five Traffic Areas, despite the revocation of 0-licences held by the previous director for a series of offences, including tachograph fiddling.
BDR Logistics of Frome has been granted licences in the Western, Welsh, South-Eastern & Metropolitan, Eastern and North-Western Traffic Areas for a total of 103 vehicles and 111 trailers The applications to take over the business of Brian Rayner were opposed by the Road Haulage Association at a Bristol public inquiry.
The Traffic Commissioner Sarah Bell revoked Rayner's licences as well as disqualifying him from holding an 0-licence for two years.
He had been called before the TC because of concerns expressed over vehicle maintenance. drivers' hours and tachograph problems, including the falsification of tacho records and the fact that he had been made bankrupt.
Rayner had appeared at a previous public inquiry in 2007,when maintenance and serious drivers' hours convictions were the main issues.
The TC was told that a recent maintenance investigation showed that many of the same shortcomings were present. She heard that four prohibitions had been issued since October 2007 and the nominated transport manager did not have any involvement in the operation.
The TC said Rayner had shown a complete disregard for the licensing regime and the underlying principles of road safety and fair competition.
Bell was informed that before the granting of interim licences, BDR had operated for a month using Rayner's licences and that the sale agreement with the trustee in bankruptcy contained a clause permitting them to do so pending closure of the sale.
Rayner's wife, Amanda Selby, said that she and the other BDR directors, Ivor Chalker and Paul Ingram, had all been employed by her husband. He continued to have a customer liaison role, but she denied he would be a controlling mind or that the company was a front for his activities.
Granting the licences after receiving undertakings relating to ongoing management training, the appointment of additional transport managers and a full systems audit by a recognised trade association, the TC said that the directors just retained their repute. Illegal operation was never acceptable and knowingly operating illegally was heinous. There was no place in the legitimate industry and her role was to protect it and the public from such fraudsters. However, in this case she was satisfied that the directors did not knowingly operate illegally.
The TC was aware of displays of aggression towards Selby and threats to her family by rival hauliers. She warned that such behaviour was unacceptable and might ultimately bring consideration of the aggressors' repute before her.