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Armishaw appeals lost repute decision

9th January 2003
Page 8
Page 8, 9th January 2003 — Armishaw appeals lost repute decision
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Which of the following most accurately describes the problem?

Keywords :

• by Michael Jewel A Stockport man who is suing the North Afestern Traffic Commissioner Beverley 3ell has begun a separate legal battle to 3Iear his name as a transport manager.

David Armishaw is appealing to the Transport Tribunal against a decision that he has lost his repute and that he is unlikely to regain it for five years.

Armishaw had failed to attend a Public Inquiry at which Tom Macartney, sitting as North Western Deputy Traffic Commissioner, was considering taking action against the Operators' Licences held by Jeffrey Huddart, trading as Jeff Huddart Transport, of Swinton, Manchester; and Lisa Green, trading as Greens, and Keith Shore, trading as KST, both of Blackpool; Armishaw being the nominated transport manager on all three licences ( CM5-11 December).

In his decision, the DTC said his only concern was the involvement of Armishaw as a transport manager with the three licence holders, and any other activities which might be a material consideration when considering his continuous and effective control.

All three operators accepted that Armishaw had not been carrying out his duties as transport manager properly or adequately. It was alleged by one operator that he had been encouraged to lie to the TC about the frequency of his visits.

Armishaw was invited to make representations as to why he should not be found to have lost his repute, but did not take that opportunity. The only document received was a fax headed "My solicitors" signed illegibly by someone without an adequate return address. The points made in that fax submission had no bearing on the issues con

sidered at the Public Inquiry. It was evident that Armishaw has been accepting a monthly fee from operators seeking to obtain an 0-licence, but had been providing little or no service as a transport manager, certainly not the continuous and effective control required.

Armishaw was unlikely to find that his good repute had been regained until he demonstrated a willingness to carry out the duties in order to earn the salary which had been paid to him by the operators employing him. That would mean a physical presence on a regular basis, with contact between the transport manager and the drivers and vehicles for which he was responsible, as well as providing advice to the operator holding the licence.

It is highly unlikely that Mr Armishaw will regain his good repute as a transport manager in less than five years, although he is free to re-apply at any stage," said the DTC.