A restricted operator in Ealing only just escaped having its licence revoked after a deputy traffic commissioner heard how its director’s attention was distracted by his brother’s brain tumour.
Shankar Foods appeared at a public inquiry after it had failed to keep any of the promises it had made at a previous hearing when significant failings were first identified by the DVSA.
A maintenance investigation into the operator, which held a licence for five HGVs, had found PMI intervals were being exceeded, driver detectable faults at inspections and an absence of policies and training.
Sole director Ketheeswaran Santhirasegaram promised to address the compliance failings but when a follow-up desk-based assessment was carried out earlier this year, it identified issues that had still not been fixed.
At a PI before deputy TC John Baker, Santhirasegaram accepted the promises had not been carried through and he had not demonstrated effective management and control of the transport operation.
The director said his brother had been diagnosed with a brain tumour and he had been travelling between the USA, India and the UK for more than a year attending to his care.
In his written decision, the DTC said: “Whilst the personal circumstances of Mr Santhirasegaram were, no doubt, very distressing the onus was on him as the sole director to ensure that compliance was managed when he was absent from the business.
“This clearly did not happen and the negative aspects of the case are significant as a result.”
However, Baker also pointed to a positive MOT pass rate, training that had been undertaken by relevant staff and repeated promises of improvements and so he decided to step back from revocation:
“I emphasise that this is only just,” he added. “I accept to an extent that the tragic family circumstances affecting Mr Santhirasegaram in the last year impacted on his business focus and I am therefore prepared to allow the licence to continue subject to significant regulatory sanctions and conditions.”
The licence was suspended for two months, it was also curtailed thereafter to two lorries and he ordered that a qualified transport manager was employed, despite it being a restricted licence operator.
“The designation of the transport manager will need to be approved by me before it can be finalised,” he said.
