Suspension after lending licence
In a recent public inquiry, Deputy Traffic Commissioner Nick Denton took action following the discovery that a revoked operator was continuing to use his vehicle under another licence.
The Deputy Commissioner heard that for a period of 14 months, from February 2022 to April 2023, Stain Plant Ltd specified vehicle YJ16 YWU on its licence. But the company was not operating the vehicle during this time: it was operated throughout by Wagstaff Developments (2010) Ltd, a company under the control of Dellwin John Malkin. Mr Malkin had had his operator licence revoked in August 2021.
In his decision, Mr Denton said “Mr Stain’s action, in agreeing to specify this vehicle on his company’s licence after he became “aware that Wagstaffs were having difficulties with their licence” was a highly irresponsible act. Stain Plant Ltd had no control over or oversight of the vehicle’s maintenance regime or of the driver’s tachograph data. By facilitating the continuance in operation of a company whose operator licence had been revoked, Mr Stain has frustrated the whole purpose of the regulatory system. Whether through a deliberate act or (as Mr Stain claims) gross ignorance, this lending of the licence is not the conduct of a reputable and competent transport manager.”
He disqualified Mr Stain from acting as a transport manager for three years due to the serious misconduct. By the narrowest of margins, he allowed the licence to continue, but only at the much-reduced level of one vehicle and under several stringent conditions.
Denton also suspended the operator’s licence for 28 days as he permanently curtailed it from six vehicles to one.
The full decision can be found here.