Traffic Commissioner bans director from S&P Services 27 November 2012

The resignation of a director convicted for obstructing a police officer and failing to identify a driver involved in a road traffic incident has saved S&P Services' (Longcliffe) HGV licence from being terminated.

Paul Horobin, who runs the company with his brother Steven Horobin, made the offer to deputy traffic commissioner Simon Evans (pictured) during a public inquiry into the firm's conduct.

The conviction could have brought an end to the company's vehicle operations, but Evans accepted the resignation and told the business its operating licence would be curtailed.

The directors made a second appearance before the deputy commissioner on 20 November after an earlier inquiry had been adjourned to await the outcome of Paul Horobin's court case.

On 28 September, at Chesterfield Magistrates' Court, Paul Horobin entered a not guilty plea but was fined £300 for failing to give information on a driver and £500 for obstructing a constable in executing their duty.

At the reconvened public inquiry the regulator heard that the prosecution followed an incident on 12 January 2012, when a cement mixer rolled over on the A5102 in Derbyshire.

A subsequent inspection of the vehicle – owned by Mighty Mix, where Paul Horobin is also a director – led a VOSA examiner to conclude that it was in a poor state of repair.

He issued a safety critical prohibition notice to the vehicle after finding that S&P Services (Longcliffe) was running the vehicle at the time.

The deputy commissioner also heard that a follow up VOSA investigation to the company's operating centre revealed failings in its procedures for keeping vehicles roadworthy.

The examiner's report noted that a routine vehicle safety inspection had not been carried out on time and that the paperwork on vehicle checks was incomplete.

Evans described the operator's MOT pass rate as "dismal" and recorded that it had provided no written evidence to the examiner that vehicle defects identified by drivers were repaired, as required.

However, the deputy commissioner noted that the position had started to change by the time of his inquiry. "When I saw the operator in July 2012 a transport consultant had been engaged and there were early signs that there might be compliance," he observed.

After Paul Horobin offered his resignation, the commissioner recorded that he should have no active role in managing the company. He also made an order to curtail the licence, restricting the firm from any immediate expansion.

The company's transport manager Tracey Edwards was also called to the hearing in respect of her repute. The Deputy Commissioner found that she had been tarnished by the maintenance failings but had not lost her repute to act as a transport manager.

Author
Brian Tinham

Related Companies
Driver & Vehicle Standards Agency (DVSA)

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