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Transport manager sues Beverley Bell

5th December 2002
Page 8
Page 8, 5th December 2002 — Transport manager sues Beverley Bell
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Which of the following most accurately describes the problem?

by Mike Jewell

A Stockport man who is suing North Western Traffic Commissioner Beverley Bell and a member of the Traffic Area staff for loss of earnings has been given a week to explain why he should not lose his repute as a transport manager, David Armishaw did not attend a Public Inquiry at which Tom Macartney, sitting as North Western Deputy TO, was considering taking action against the 0-licences held by Jeffrey Huddart, trading as Jeff Huddart Transport, of Swinton, Manchester; and Lisa Green, trading as Greens, and Keith Shore, trading as KST, both of Blackpool. Armishaw is the nominated transport manager on all three licences.

The DTC said Armishaw had started legal proceedings against TC Beverley Bell and another member of the North Western Traffic Area staff: as was his right. He was very disappointed that Armishaw had riot turned up as it made it difficult for the three operators to show that they had an effective Tansport manager.

Shore said he had applied to change his transport manager on 19 November. He had approached Armishaw when he set up in July. Armishaw would set dates to visit his premises to check tachograph and maintenance records but never turned up. Shore denied any knowledge of a log that Armishaw had claimed operators signed when he visited their premises.

Lisa Green's husband said they had also changed their transport manager since receiving the call-up letter. They had used Armishaw's services until Green passed the CPC exam; this was something they now regretted. Again, Armishaw had never visited their premises.

"It was a means to an end to get us up and running," said Green. He alleged that Armishaw had sent him a fax asking him to tell the DTC that he had visited them in October when in fact they were on holiday. Armishaw was not at the PI to respond.

Huddart said that he too had changed his transport manager and was about to sit the CPC exam. Armishaw had been his transport manager since 1997 until this arose. As an international operator he was away four to five weeks at a time, and when he returned to this country he would phone Armishaw, who would come to his home and check the tachograph records and other documents.

He had never kept a log of Armishaw's visits. Armishaw had last seen his vehicle about 12 months ago and the last time he saw his tachograph records was three months ago. There had been no set pattern to his Huddart now employed a driver to drive his vehicle and was checking his tachograph records himself.

All three operators gave a series of undertakings relating to the maintenance of their vehicles, to attend an

Operator's seminar some time in 2003. and to send their tachograph records for professional analysis as an audit.

Macartney said it was clear that all three had been operating without an effective transport manager exercising continuous control. They had paid for the services of someone who was a transport manager in name only. Armishaw had been causing a problem by giving the Traffic Area Office incomplete information.

Taking no action except for warning the three, the OTC concluded that their repute had been tarnished through their involvement with Armishaw. He was not at the PI to respond.