The message comes from West Midlands traffic commissioner Nick Denton, after he disqualified JAG Distribution’s director and transport manager for three years.
James Ginelly and Keith Slinn told the regulator that all of their energy had been focused on keeping the business afloat. As a result, they had neglected to check a driver’s licence and to monitor drivers’ hours properly.
When one of the company’s vehicles was stopped for a roadside check by DVSA in August, the driver was not wearing a seatbelt and the load was not secured properly. In addition, the driver was not able to show evidence of holding the driver CPC, had committed numerous and serious breaches of the 4.5-hours rule and had driven without a card in the tachograph unit – alongside driver licence offence (his entitlement had expired 12 months prior to the encounter).
A subsequent investigation revealed other breaches by the operator, including running a vehicle for three months without an MOT, no downloads of tacho data and no driver infringement reports. They were also using an unauthorised operating centre, in Nuneaton.
At a public inquiry on 5 December, Ginelly and Slinn told the regulator they had taken a mechanic’s word about the vehicle found to be without an MOT, admitting they had not checked if there was a certificate confirming a valid test. They had not applied for the new operating centre as it was known the business would be entering liquidation.
Maintenance records showed that safety inspection sheets failed to record tyre tread depths and brake test. The transport manager admitted he did not know what kind of brake test, if any, the maintainer was carrying out.
Ruling that the company lacked financial standing and had lost professional competence, the regulator said: “For the avoidance of doubt, even if the company had not entered liquidation, the serious nature of the other findings and the almost complete lack of positive factors are such as would have caused me not to accord any period of grace in which to re-establish financial standing or nominate a new transport manager.”
He added that director Ginelly deserved to be disqualified and that the removal of transport manager Slinn’s repute was “appropriate and proportionate”.