Scottish TC finds Kelty livestock haulier "dangerously ignorant” about wheel security02 May 2018

A Scottish livestock haulier was suspended from operating HGVs at the end of April after Scotland’s Traffic Commissioner said the business hadn’t paid enough attention to safety and licensing standards.

Andrew Adams and partners, trading as A&Y Adams and Sons, from Kelty, Fife, won’t be able to operate any of their four vehicles for six weeks from 30 April, following a decision by industry regulator Joan Aitken.

In a written decision issued after a public inquiry in Edinburgh, she said: “On 18 August 2017, the operator sent out a vehicle on to the public roads of Scotland in a very dangerous condition. But for the most fortunate checking of this vehicle by the Driver and Vehicle Standards Agency (DVSA) there would have been a significant wheel loss incident, of that I am in no doubt.

“If ever a case showed the value of DVSA roadside checking, this is one. This decision gives me the opportunity to highlight the very serious practical contribution made by DVSA Vehicle Examiners to road safety in Scotland”.

The Traffic Commissioner added that the partnership had been “dangerously ignorant” about what had to be done and what must not be done to ensure wheel security.

She also criticised the firm’s failure to make sure they had a professional competent transport manager – a legal requirement. The individual appointed to that role, John Barr, hadn’t been performing its duties, but the business didn’t notify the Traffic Commissioner or find someone to replace him.

The regulator said the blame for what had happened on the licence lay with Barr, who did not attend the inquiry, although she noted that Andrew Adams knew the arrangement was casual and not thorough.

Barr lost his repute on the day of the inquiry and was disqualified from acting as a transport manager indefinitely.

Aitken ordered the suspension of the licence held by Andrew Adams and partners with effect from 30 April 2018 for a minimum of six weeks. To overturn the ban, the business will need to meet her satisfaction in terms of professional competence requirements, the identity of the partners and financial standing.

Author
Will Dalrymple

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