Roadside stop uncovers long list of breaches
In a recent public inquiry, the Traffic Commissioner for the South East and Metropolitan area, Sarah Bell, heard the case of Apex Distribution London Limited and Darren Paul License, the former Transport Manager.
A simple stop uncovered a driver using two cards and avoiding rest breaks, but it proved to be the tip of the iceberg.
The driver, Mr Patel, was successfully prosecuted for his offenses and received a four-year ban. The commissioner also heard that there was unauthorised use of an operating centre, tachograph infringements committed by Mr Guinchard, the director, and as a result, a breach of the undertaking on the licence that the rules on drivers’ hours and tachographs would be observed and proper records kept. The transport manager, Mr License admitted in interview under caution that he was not exercising continuous and effective management of the transport activities of Apex, leading to the tachograph infringements. There were also incomplete maintenance records.
On top of this Apex used vehicles registered Cooltrans (Stanmore) Limited after dissolution of that company in October 2022 and the ultimate revocation of its licence (dissolution not having been notified) in May 2023.
In her findings, Commissioner Bell said “Trust lies at the heart of operator licensing. Failing to have safe systems to ensure lawful operation of vehicles is a gross breach of trust. Misleading DVSA and me is a serious matter. Unauthorised use of an operating centre is a breach of a condition on the Licence and an offence. The fact that this breach lasted over years is insupportable. That cannot be put down to ‘mere’ negligence; it is a sustained course of conduct…The reality is that Mr Guinchard is a mendacious and self-serving individual who puts commercial need ahead of safety and adherence to the Licence terms at will. Even when Mr Guinchard knows that he should do something, he disregards it if it does not suit him. That is not someone that I can trust moving forward.”
The commissioner reflected on a previous Upper Tribunal decision which reminds us that the relationship between an operator and a transport manager is dynamic and integral to the successful operation of a transport business. Miss Bell added “The Apex decision demonstrates what happens when the relationship is barely given lip service by either party. There is no place for absent or disengaged Operators and/or transport managers in this regulated regime.”
The commissioner revoked the licence of Apex Distribution London Limited, and added that Anthony Thomas Guinchard and Peter Anthony Guinchard, are disqualified from holding or obtaining an operator licence for three years. The transport manager was also disqualified.
The full decision can be found here.