Regulator bans scaffolding firm for five years29 October 2019

Dundee-based AFS Scaffolding has been disqualified from operating for five years after repeated unlawful use of a vehicle.

Claire Gilmore, traffic commissioner for Scotland, also disqualified the operator’s director, Ross Findlay, for the same period, until September 2024.

At a public inquiry, the regulator concluded AFS Scaffolding posed “a significant risk to road safety” and that Findlay “deliberately and repeatedly” operated a vehicle without the required licence.

The inquiry looked at the company’s illegal use of a vehicle before it was given an operator’s licence. It followed an inquiry, in February, when Findlay assured the deputy TC for Scotland that earlier unlawful use had been infrequent and happened as a result of error rather than a deliberate attempt to avoid the licensing regime. After consideration, the company was told it could start running vehicles on 29 March.

However, a subsequent investigation by the DVSA revealed the company had in fact continued to use the vehicle unlawfully before its O licence came into force. Over 10,000km was recorded on the vehicle from December 2018 to March 2019.

The regulator heard there were also concerns about vehicle safety standards, including a safety-critical defect with a tyre worn below the legal limit.

“Unlawful operation for such a lengthy period undoubtedly resulted in this operator gaining an unfair competitive advantage,” said the TC.

She added that it was a serious case involving breaches of trust which went to the heart of the licensing regime.

Author
Laura Cork

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