TC suspends licence following adjournment request

The traffic commissioner has suspended the licence held by a southeast London operator after finding that it had committed a “gross breach of trust” and attempted to avoid regulatory scrutiny.

TC Sarah Bell said Jones Haulage had failed to cooperate with the DVSA and the office of the traffic commissioner and had wasted significant amount of their resources by not complying with case management directions.

One of the Belvedere haulier’s vehicles was encountered by the DVSA and it was issued with three immediate roadworthiness prohibitions, two delayed roadworthiness prohibitions and an office rectification notice for having no vehicle excise licence.

A desk based assessment was then carried out, but the operator did not cooperate: “Through obfuscation and omission, the operator gained many months without its systems receiving the scrutiny required,” said the TC.

“This is a gross breach of trust.”

Of the limited information that was sent to the DVSA, it became apparent Jones Haulage had committed significant amounts of driving off card.

TC Bell said one of its lorries had been driven without a digi card over five days and racked up 773km.

She also said she retained significant concerns about who she was regulating, as there had been changes in directors from Michael Jones to Leslie Kenyon to Simon Butcher without the office of the TC being notified.

An adjournment request of the public inquiry was made, referring only to the loss of a family member, and the TC said the only way she was prepared to grant it was by suspending the licence:

“There continues to be an approach of wanting to operate vehicles but avoid any scrutiny,” she said.

“The office of the traffic commissioner has confirmed that none of the parties have accessed the hearing bundle on case centre, even though clear instructions on how to do so were in the original call-in letters.

“In my judgement, it would not be safe or fair to other operators to simply grant an adjournment without assurance it will bring a change of approach. The operator and transport manager have already wasted a significant amount of traffic commissioner and DVSA resource.”

Bell added that she would consider lifting the suspension when every piece of information required in the case management directions was submitted.