Transport manager disqualified for dishonest and neglect of duties25 October 2017

A transport manager has been disqualified for two years after he was found to have neglected his duties and been dishonest with government inspectors.

Marc Byrne admitted he had failed to exercise continuous and effective management over an extended period of time – as a result, he will not be able to act as a transport manager anywhere in the EU as a result of the order.

At a public inquiry in Birmingham earlier this month, traffic commissioner Nick Denton heard that Byrne had been stopped by DVSA and found to be driving without the necessary Driver CPC qualification. Analysis of tachograph charts revealed he had breached drivers’ hours regulations.

In addition, Byrne told DVSA examiners that he was a director of the company holding the operator’s licence – The Grange Removal Co. Companies House records revealed that he was not a director of the firm.

At the inquiry, Byrne said he had checked with the HGV training provider that he was qualified to drive and they had not mentioned the need to acquire Driver CPC.

He admitted he had failed to analyse tachograph data, accepting that some of it was missing.

Reviewing the findings, which also included issues with maintenance records presented on the day of the hearing, the traffic commissioner said that, as a transport manager, Byrne should have been aware of the requirement to possess a CPC to drive a HGV professionally.

The traffic commissioner also described The Grange Removal Co as a “spectacularly ill-managed company”, as two of its directors had in effect been retired for several years and taken no management role in the business. A third director had passed away earlier in the year.

Suspending the firm’s licence for four weeks from 4 December 2017, Denton said: “There [also] needs to be a ground-up review of compliance with drivers’ hours and maintenance requirements.”

Denton also made an order to curtail the company’s O licence to three vehicles (from eight) with immediate effect.

Laura Cork

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