Revocation for operator caught misleading inquiry
The Traffic Commissioner for the London and the Southeast, Sarah Bell, recently saw a public inquiry with a serious alleged drivers hours offence case linked to possible unauthorised use of operating centres and operating more vehicles than authorised.
Philip Lynch, the sole director and proposed new transport manager of Scooby Limited attended the inquiry. During proceedings, it was established that the operator chose not to record some journeys on the tachograph, moved operating centres without notification and failed to have vehicles tested and maintained properly. He quickly established himself as an unreliable witness.
The serious allegations over use of more vehicles than permitted came with a twist. He insisted the wrongdoing was done behind his back, but the commissioner’s office produced a screenshot of Mr. Lynch himself using his self-service online access. He had attempted to pervert the DVSA investigations and mislead the Inquiry.
The commissioner said “…a period of disqualification is required because Mr Lynch has demonstrated that he cannot be trusted to tell the truth or comply with the regulatory regime… Operating more vehicles than authorised with inadequate driver and vehicle safety systems and from an unlawful operating centre is a disaster waiting to happen. Scooby Limited and Mr Lynch are fortunate that there was not a serious or fatal incident as a hearing before the Traffic commissioner would have been the least of his worries.”
The commissioner finished with a warning to Mr Lynch about the practice of ‘fronting’ and said “I have included the full scope of section 28 because I suspect Mr Lynch may otherwise be tempted to seek the help of others in finding a “home” for the Scooby vehicles to be run nefariously.”
The operator had their licence revoked and Mr Lynch was disqualified from holding or obtaining an Operator’s Licence and being involved in the management, administration or control of an entity that holds or obtains an Operator’s Licence for a period of two years.
The decision can be found here.
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