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Licence refusal upheld, but TM's repute regained
Page 22
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Inquiry call-up letter had not spelled out the risks to the transport manager of losing his repute.
A LIVERPOOL-BASED container supplier has lost its appeal to the Upper Tribunal after its licence bid was refused. However, a related appeal concerning the repute of the transport manager was upheld.
Gap Container Services and its transport manager Frederick Evans appeared before the tribunal. Graeme Eglinton, the sole director of Gap, had also been director of Hi-Way Transport, which had operated since 2003 from Kirkby, Liverpool.
At a 2004 public inquiry (PI). Hi-Way had been given a formal warning. During May 2009 it received 12 prohibitions, and vehicle examiners discovered it had moved its operating centre to Knowsley without notifying the Traffic Commissioner (TC). It had owed corporation tax and VAT to HM Revenue & Customs (HMRC) since 2004.
Gap had used Hi-Way for its haulage, but the latter's problems led Gap to apply for its own licence in February 2009. This named Evans as the transport manager.
In June 2009, North Western TC Beverley Bell granted an interim licence to Gap for five vehicles and five trailers. Eglinton took over the drivers from HiWay, which went into liquidation in July 2009, owing large sums to HMRC.
The results of a VOSA maintenance investigation led to Hi-Way and Gap being called to a PI before Bell in January 2010. Eglinton admitted that Hi-Way had operated without a transport manager for two years. The TC ruled that Eglinton and Evans had misled her into believing that Evans was the full-time transport manager when he was, in fact, employed full-time elsewhere. He re
ceived £300 a week from Eglinton, plus £20 a day when he drove. Evans admitted he had lied to the TC.
She ruled that Hi-Way, Eglinton and Evans had lost their repute and rejected Gap Container Services' licence application.The interim licence was withdrawn.
For Gap and Evans. James Backhouse told the Upper Tribunal that Evans had not been sent notice that his repute was at issue; no transcript of the January inquiry was available because of a faulty machine at the hearing; and the call-up letter had not detailed the issues correctly. He said these problems should have led to an adjournment.
The tribunal ruled that Evans' appeal should be upheld. The ruling against Gap concerning its professional competence should also be set aside. The interim licence granted to Gap Container Services was terminated with effect from 8 June 2010.