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Tribunal decides disqualified diredor 'could not be trusted'

9th November 2006
Page 8
Page 8, 9th November 2006 — Tribunal decides disqualified diredor 'could not be trusted'
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Disqualification and revocation orders have been upheld against a Liverpool transport firm and its director. Mike Jewell reports.

A LIVERPOOL haulage firm and its director have had their revocations and disqualification orders upheld by theTransport Tribunal.

Crown Cold Stores & Distribution (CCS&D) had previously had its 0-licence revoked by NorthWestern Deputy Transport Commissioner Mark Hinehliffe. He also disqualified the company and its sole director, Karen ThorburnJones, from holding a licence for six years.

CCS&D, which held a licence for 15 vehicles and 15 trailers, had originally been called to a public inquiry because of hours offences and vehicle maintenance: its repute was also an issue.

The Deputy TC heard about a string of defunct transport firms that the Thorburn family had been involved with, including Thorburn International Transport and Crown Cold Stores. and the fact that transport manager Wallace Thorburn was now a disqualified director. Making the disqualification orders. 1 linchliffe remarked that Thorhurn and his daughter were happy to allow a complacent culture to prevail, with significant implications for road safety.

Rejecting the appeals, the Tribunal said the DTC was entitled to conclude that Thorburn and Thorburn-Jones were people who "could not he trusted in the 0-licensing regimein the Light of their history and the misrepresentations that had been made, including a false statement

in the application form completed by ThorburnJones.

Despite public inquiries in 2000 and 2003 and an investigation in 2004, which resulted in serious convictions, a transport consultant still found a non-compliance rate of 20% in April 2006. The consultant had been involvedwiththecompany since August 2005.

The Tribunal was satisfied that this was a serious case in which untruthful statements had been made at public inquiries and on an application form for a licence.

It agreed that the revocation and disqualification orders were

necessary to achieve the purposes of the licensing regime and the period of disqualification reflected the seriousness of the case.

The Tribunal directed that the orders take effect from midnight on 8 December.