JWF (UK) has O-licence revocation appeal rejected
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Operator that failed to co-operate with VOSA in the past has lost appeal to regain its O-licence
roger.brown@rbi.co.uk JWF (UK), which had its O-licence revoked last year for failure to co-operate with a VOSA maintenance investigation, has lost its appeal to get it back.
In a written decision, Upper Tribunal Judge Mark Hinchliffe upheld the decision made by North Western TC Beverley Bell, at a public inquiry (PI) in August 2010, to revoke the licence of the Bolton, Greater Manchester-based irm, which had been authorised for four vehicles.
The PI heard how company director Nazir Patel did not make himself available at a maintenance investigation conducted by VOSA between 1 and 4 February 2010.
The visit uncovered a catalogue of problems including safety inspections too far apart, no daily driver walk-round checks being conducted, no written driver defect reporting system in place, and a poor annual test history.
A VOSA vehicle examiner told the PI how he believed he was being given “the run around” and told “cock and bull stories” after the irm stated to him that the unavailable speciied vehicles were “off the road” or “sold” .
In addition, a trafic examiner (TE) had attempted to conduct an investigation into possible use of vehicles without valid MoT certiicates, and drivers’ hours and tachograph record compliance.
The TE said this had been frustrated because of “total non-co-operation” by the company, with Patel never available and calls not returned.
In its appeal, the company argued that it had needed more time to prepare for the PI, which Patel did not attend.
However, Hinchliffe said the company had “manifestly failed” in its duty to co-operate with VOSA and the TC.
He added: “In this case, serious questions relating to maintenance and road safety remained unanswered, quite apart from the other matters that seriously undermined the ability of VOSA, and the TC, to investigate and regulate the activities of this operator, effectively.
“From beginning to end, there has been no sign of Mr Nazir Patel, the operator company’s sole director.
“In our view he was very lucky not to have been disqualiied indeinitely.”