At a public inquiry on Friday 14 January (2016) Denton said he was not prepared to allow its vehicles to run on public roads for a moment longer than necessary – and warned the operator’s current and former directors that they could face disqualification from the industry.
During the hearing, which director Terry Carney failed to attend, the traffic commissioner was told one of the company’s vehicles stopped on 30 September 2015 had several serious issues.
The vehicle was not displaying an operator licence disc and was not specified on a valid licence, meaning it was not authorised for use on the road.
DVSA (Driver and Vehicle Standards Agency) examiners also found: the vehicle’s tax had expired two months prior to the encounter; and the driver could only produce one tachograph record (28 days’ worth are a legal requirement).
Among other serious issues associated with the company were: seven roadworthiness prohibitions, including for a loose wheel nut, a tyre worn beyond the legal limit and a broken indicator; the use of an unauthorised operating centre; and failure to produce tachograph records upon request.
Nick Denton also found that the business had run without a transport manager since May 2015 and failed to provide evidence of financial standing – both mandatory O licence requirements.
“Clearly, the licence has been run in an almost wholly non-compliant manner,” stated Denton.
“By failing to respond to DVSA’s Section 99ZA letter and by responding only at the eleventh hour to the call up letter with a very vague and unsubstantiated call for an adjournment, the operator has shown that it is not serious in engaging with the regulatory process.”
George Bryant was not a party to the hearing or the reported non compliance, having sold the business to Graham Evans in May 2015.