Transport manager disqualified for ‘name only’ attention 08 March 2013

Catherine MacSween, a CPC holder who was transport manager 'in name only' for Fort William haulier Donald MacDiarmid for two years, has been disqualified for nine months.

Richard McFarlane, a deputy traffic commissioner for Scotland, ruled that had she given the task due attention, vehicle maintenance and drivers' hours shortcomings identified by VOSA, could have been prevented.

McFarlane noted that the operator's owner, Donald MacDiarmid – the transport manager's brother – addressed all of the concerns raised during the vehicle and traffic examiner investigations, with no input from Mrs MacSween.

"In this case, it appears that domestic situations and the distance between her home and Mr MacDiarmid's office, involving a two-hour drive, were factors that militated against her fulfilling the role," commented McFarlane.

"Accordingly, when she realised that there were these difficulties, as now encouraged by the legislation, she should have resigned," he added.

"In practice, for the last two years, she has not effectively and continually managed the transport activities of her brother's business."

MacDiarmid was also reported for failings in his vehicle maintenance and record keeping procedures for drivers, following investigations by VOSA (the Vehicle and Operator Services Agency).

Evidence given by examiners from the agency, during the inquiry, revealed that MacDiarmid had used a trailer that was not displaying a test certificate, used a vehicle that was not authorised by his licence and did not have an effective system for monitoring the work of his drivers.

A vehicle examiner from the agency also noted that MacDiarmid's MoT and prohibition rates were below the national average.

In evidence to the Deputy Commissioner, MacDiarmid said that he had immediately addressed the matters raised by the VOSA officers, including employing the services of a training company to analyse the records kept of driving duty.

This had identified offences for some drivers, MacDiarmid added, leading to dismissal of two employees who had failed to comply with the regulations after further monitoring.

In his ruling, the deputy traffic commissioner told Mrs MacSween that she would not be able to work as a transport manager again for nine months, after making an order to disqualify her from the industry.

Turning to the licence held by MacDiarmid as a sole trader, the commissioner said the licence had to be revoked, because there was no transport manager and therefore the mandatory requirement of professional competence was not met.

There had also been a change of entity. The application by MacDiarmid Haulage, which was for extra vehicles and nominated Mrs MacSween as transport manager, could not be granted, because of her disqualification.

However, he gave the company a temporary licence for three vehicles and three trailers, telling MacDiarmid he had three months to find a transport manager.

Author
Brian Tinham

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