Gaffney licence bid adjourned
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ai James Gaffney &
Sons, of East Kilbride for a new 12-vehicle/ six-trailer national licence has been adjourned by Scottish LA Keith Waterworth.
Waterworth plans to take advice about the effect on the viability of the company of floating charges held against its assets by the Clydesdale Bank.
The company had been operating under interim authority since May 1988. Vehicle examiner George McCallum said that during that period 10 immediate prohibitions for "neglect" — four were subsequently varied — and three delayed prohibitions had been imposed on its vehicles. Many of the defects were of long standing and the standard of maintenance was very poor.
James Gaffney said the current directors were Diane Gaffney and Jason Forster. Gaffney had never been a director, but had signed a form as a director of the company.
Waterworth said his information was that Gaffney had been appointed a director on 15 October 1987, and had resigned his directorship on 10 December 1987, but had signed the form, which related to a charge on the company by the Clydesdale Bank, as a director on 19 February 1988.
Questioned about the prohibition, Gaffney said that the company's vehicles had been stopped on numerous occasions without defects being found, and there had only been one
11,1oT failure since the interim licence was granted. Convictions for having no 0-licence, no excise licence, no test certificate, and failing to produce documents at Appleby in April were personal to him, he added.
After hearing evidence about the steps taken to improve maintenance, Waterworth said the company had an appalling record but he did not think it had lost its repute as yet.
He had insufficient evidence to judge whether it had adequate finance, and its maintenance record suggested that it might not. He wanted to see audited accounts within a fortnight and in the meantime was prepared to allow the interim licence to continue for eight vehicles and four trailers.