Decision for Alex Macdonald t/a A & N Removals (OG1144468) & Transport Manager, Neil Macdonald
The written decision for the Deputy Traffic Commissioner for Wales for Alex Macdonald t/a A & N Removals (OG1144468) & Transport Manager, Neil Macdonald
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The Deputy Traffic Commissioner for Wales decided:
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that the operator has lost his good repute and that entails revocation of the licence under section 13A(2)(b) and section 27(1)(a) of the Act.
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in the absence of any financial evidence the licence is also revoked under section 13A(2)(c) and section 27(1)(a) of the Act.
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that the transport manager has failed to demonstrate “continuous and effective management” of the licence. I note the serious health problems experienced by Neil Macdonald and I have sympathy with his conditions. However, there has been ample opportunity for the operator and transport manager to make alternative arrangements and relieve him of the burden of the transport manager responsibilities. In the absence of somebody fit and able to carry out those functions, the safety of vehicles and the safety of the road-travelling public have been compromised and this is unacceptable.
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the transport manager has sought to resign from the licence but the severity of the failings and his inappropriate responses are such that I find loss of good repute as a transport manager.
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in the absence of a transport manager satisfying the good repute requirement, professional competence is lacking for the operator and the licence falls to be revoked under section 13A(2)(d) and section 27(1)(a) of the Act.