Decision

Decision for Christopher McMillan

Published 30 June 2021

1. SOUTH EASTERN AND METROPOLITAN TRAFFIC AREA

2. DECISION OF THE DEPUTY TRAFFIC COMMISSIONER

2.1 PUBLIC INQUIRY HEARD AT IVY HOUSE, IVY TERRACE, EASTBOURNE ON 24 MAY 2021

3. OK2009288 CHRISTOPHER MCMILLAN

3.1 TRANSPORT MANAGERS JONATHAN ROY MORTON & LLOYD MCINTOSH

4. Background

The operator Christopher McMillan is the holder of a standard national licence authorising two vehicles granted on the 5 February 2018. The transport managers recorded on the DVSA records are Jonathan Roy Morton and Lloyd McIntosh.

Mr McIntosh was added onto the licence in September 2019 subject to an undertaking that he attended a two-day refresher training course. Confirmation that he had done so in June 2020 was received and this was followed later in 2020 by a notification from Mr McIntosh that he was “coming off” the licence. The wording of this notification led to some confusion as to the entity in place and confirmation was sought. A Desk Based Assessment was carried out in December 2020 which was marked as unsatisfactory with a significant number of compliance failings identified.

Jonathan Roy Morton has been recorded as a transport manager on the licence since the date of grant and he was called to the inquiry as a result, together with the operator and Lloyd McIntosh. Mr Morton sent a e mail on the 19 April saying that he would be unable to attend because of ill health. He also said that he had only agreed to be on the licence for six months and had sent several messages to Mr McMillan demanding to be taken off the licence.

5. The Public Inquiry

Mr McMillan attended the inquiry and was unrepresented. Mr McIntosh attended and was represented by Mr Bowyer. Mr Morton did not attend having written in advance to set out his position.

Mr McMillian indicated early in the inquiry that he was not expecting to be able to continue to hold the operator’s licence and that he had not attended with the intention of “saving the licence”. He did ask that any revocation be delayed by a short period to enable the close of his business and sale of the authorised goods vehicle.

Mr McIntosh told me that he had encountered difficulties in communicating with Mr McMillan whilst he was working for him and was not sent various documents that he had requested. A series of copies of text messages were produced to support this claim. He had resigned in September 2020 after attempting to take himself off the licence in July 2020.

6. Findings and Decision

There have been breaches of Sections 26 (1) (e) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act, 1995. It is also apparent that Mr McMillan has been continuing to operate for significant periods without a transport manager and did not fully co-operate with the nominated individuals when they were in post. He accepts that he is unable to continue to hold a licence and I agree with that analysis. There are few positives to consider, and he cannot be trusted to continue to hold a licence. I therefore order revocation of the licence with effect from the 15 June 2021. This allows a few weeks for the business to be fully closed and the authorised vehicle disposed of.

I discussed the option of disqualification with Mr McMillan and I conclude that this is a proportionate and appropriate order in this case. I order that Christopher McMillan is disqualified for a period of two years from holding or obtaining an operator’s licence with effect from 15 June 2021. If he should decide to apply for a licence after this period, he will need to demonstrate a very different attitude towards doing so.

Mr Morton is a very experienced transport manager and says that he held his own licence for over 30 years. He should not therefore have allowed Mr McMillan to “put him on his licence” without taking proper steps to undertake his duties. He has said that he has fully retired from the transport business and I step back from removing his repute and ordering disqualification. His repute is however severely tarnished, and this will be borne in mind should he ever decide to reapply for a transport manager position.

Mr McIntosh was slower than he should have been in resigning as transport manager, but I do find that he was chasing Mr McMillan from early in his period as transport manager to supply the documents that he required to undertake his duties. His repute is retained as a result, but it is marked as tarnished. If he gains a new appointment, he will need to make sure that he is prompt in acting if he does not gain co-operation from the operator.

John Baker

Deputy Traffic Commissioner

27 May 2021.