Decision for Associated Lead Mills Ltd (OF1052652) & Envirowales Ltd (OG1070327)
The Deputy Traffic Commissioner for Eastern England's written decision for Associated Lead Mills Ltd (OF1052652) & Envirowales Ltd (OG1070327)
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The Deputy Traffic Commissioner for East of England decided:
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Very serious damage to the companies’ and the directors’ fitness to hold a licence has been done.
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However, I have been mindful of the fact that the High Court has chosen to allow the two directors concerned to continue to act as such during the period of disqualification (three years for Mr Sherling and four for Mr Hudson) for the companies in the group and under tight conditions (including monitoring of their phone records). While the Court was not explicitly applying the test of fitness to be a road operator, it was nevertheless considering whether it could trust Messrs Sherling and Hudson to continue to act as directors and concluded that it could (with the aforementioned conditions). I have therefore decided not to make a finding of unfitness which would prevent Messrs Sherling and Hudson from being able to act as the Court has decided that they may.
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I do though warn both the companies and the directors that any repetition of the kind of misconduct in which they engaged over the period 2014-17 would constitute behaviour akin to a second serious offence and render inevitable a conclusion that they are unfit to hold an operator’s licence. As it is, they are very much on probation and I expect them to continue to satisfy the Court’s conditions absolutely, until their disqualification periods end.