Bell rejeds surrender plan
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An operator who bought trucks but ran them on their former owner's
licence to get round a curtailment has been banned indefinitely.
AN OPERATOR who bought trucks from his neighbour and ran them on the neighbour's licence has been disqualified from holding an 0-licence indefinitely. Traffic Commissioner Beverley Bell said the ruse was an attempt to circumvent a curtailment order placed on one of the operators.
Joyce and Geoffrey Woodward, trading as G Woodward Haulage, with a licence for four vehicles and two trailers, and Peter Kershaw, trading as Birchfield Haulage, with a licence for four vehicles, appeared before North Western TC Beverley Bell at a St Helens disciplinary inquiry. They operated from the same premises in Widnes and Geoffrey Woodward was one of Kershaw's nominated CPC holders. In 2000 Kershaw's licence was cur
tailed from six vehicles to four on maintenance grounds. The following year it was suspended for seven days for similar reasons. Fol
lowing the curtailment order Kershaw bought the Woodward vehicles, and liveried them as Birchfield Haulage, but ran them on Woodward's licence. Retired
For both operators, Chris Harris said the Woodwards had now retired and wished to surrender their licence. Kershaw had also retired and he had sold his business and its assets to another operator in Widnes, North Cheshire Recycling, which had applied for a licence of its own. Kershaw also wanted to surrender his licence. It was Kershaw's third Public Inquiry. He told the inquiry that he had had personal problems and the pressure had become too much. He did not feel he could face the TC again in the event of future problems. He intended to lay off his drivers when the vehicles returned to base that evening and post the 0-licence identity discs to
the Traffic Area Office. However, the TC did not consider the surrender of the licences to be appropriate.
Vehicle examiner Lee Gauckwin said he had examined five vehicles during a maintenance investigation, issuing an immediate prohibition and two defect notices. Seven vehicles were parked at the premises, all painted in Birchfield Haulage colours although some were displaying Woodward 0-licence discs. Permission Traffic examiner Christopher Howorth said Woodward told him he had sold his vehicles to Kershaw. Woodward had given Kershaw permission to use his firm's discs in the vehicles as initially they had considered going into partnership and he wanted to help Kershaw expand
the business. Harris said Kershaw and the Woodwards had been in the industry for 30 to 40 years and they had enjoyed excellent reputations for many years. Revoking the licences, and disqualifying Kershaw from holding an 0-licence indefinitely, the TC said that the Woodwards had allowed themselves
to become involved with Kershaw. Kershaw had a conviction for the use of a dangerous vehicle in June 2001, and though there might have been an improvement in maintenance, it was still not up to the required standard.
She was satisfied that the purchase and use of the Woodward vehicles was an attempt to circumvent the curtailment order and she believed Kershaw had put commercial gain above compliance with the legislation and the order she had issued. The TC refused to grant interim authority for North Cheshire Recycling to start operation until she had been supplied with more information. •
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