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DTC delivers double director disqualification
Page 28
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THE TRANSPORT TRIBUNAL has upheld the indefinite disqualification of a haulier who stepped in to help rescue a business he sold to another operator.
Barrington Ross has been disqualified from holding an 0licence following the revocation of the licence held by Southend-onSea-based Ross Roadways SMM.
In addition to revoking the company's licence and disqualifying Ross, Eastern Deputy Traffic Commissioner Christopher Heaps also disqualified the company and another director David Leach indefinitely after it failed to appear at a Cambridge disciplinary inquiry.
Ross was the sole director of the company until his resignation in April 2007 after selling the business to Leach, but he was reappointed as a director in January 2008.
Ross told the tribunal that when he sold the business to Leach, he had intended to retire. He had nothing to do with the company after selling it until he had been invited to resume his directorship in January 2008. At that stage, he found the company to be in disorder without a transport manager, as apparently had been the case throughout 2007. He had asked for a period of grace to resolve the transport manager matter, but this was refused. He had no plans to work in haulage due to his health.
However, he had been in the transport business all his working life and had a good record and felt aggrieved by the DTC's decision. He had attempted to return the operation of the business to what it was before, but was horrified when he discovered the extent of the problems. He declined to become the transport manager and resigned as a director just before the public inquiry The tribunal said that if Ross had attended the public inquiry, it doubted what he would have had to say would have been sufficient to distance him effectively from the company's shortcomings. These more than justified the revocation of the licence and the disqualification of both Leach and Ross.
A failure to appreciate responsibilities_111= The Tribunal accepted Ross had been trying to rescue a business in which he had taken pride fn, but it was concerned that he had not appreciated his responsibilities as a director.