Decision

Decision for Duncan McKee OM1137607 and Transport Manager Mary McKee

Published 28 May 2021

0.1 IN THE SCOTTISH TRAFFIC AREA

1. DECISION OF THE TRAFFIC COMMISSIONER FOR SCOTLAND

1.1 In the matter of Duncan McKee OM1137607 and Transport Manager Mary McKee

1.2 Goods Vehicles (Licensing of Operators) Act 1995

1.3 Road Traffic Act 1988

2. Public Inquiry held Edinburgh on 29 and 30 April 2021

3. DECISION

a. Pursuant to adverse findings in terms of section 27(1)(a), 27(1)(b), 26(1)(a), 26(1)(ca) 26(1)(e), 26(1)(f) and 26(1)(h) of the Good Vehicles (Licensing of Operators) Act 1995 (the 1995 Act) operator’s licence number OM1137607 is revoked.

b. Mr Duncan McKee is disqualified indefinitely from holding an operator’s licence. An order in terms of section 28(4) of the 1995 Act is made.

c. Mrs Mary McKee has lost her repute as a transport manager. Mary McKee is disqualified from acting as a transport manger indefinitely.

4. Reasons

The public inquiry in relation to operators’ licence OM1137607 called before me on 29 and 30 April 2021 at Edinburgh. The operator and transport manager were not in present having previously indicated that they did not intend to appear. They had also applied to surrender the licence in advance of the inquiry.

However, given the serious nature of the allegations before me, I resolved to proceed with the inquiry in their absence. The transport manager, Mrs Mary McKee, indicated that she and her husband, the operator, intended to retire. They did not need a licence anymore and were unconcerned about the consequences of revocation of their licence, or any period of disqualification which may be imposed.

Having heard detailed evidence from Traffic Examiner Haddow, whose report is adopted and held to be incorporated herein brevitatis causa, and several of the operator’s drivers I concluded that the operator had few or no systems in place for management of drivers’ hours or to ensure compliance with the laws on driving. That failure had led to significant numbers of infringements on the part of drivers going unnoticed.

Of grave concern was the operator’s failure to co-operate with DVSA and failure to provide information requested in the course of the investigation. TE Haddow described it as the worst case of failure to co-operate that she had ever seen. In the absence of any explanation to the contrary, I was left but not option to conclude that such a failure amounted to a deliberate attempt to conceal flagrant and repeated failures to comply with the licence undertakings.

No evidence of financial standing was produced for the inquiry. The operator’s vehicles had attracted ‘S’ mark prohibitions and an unsatisfactory maintenance inspection had been carried out. Whilst there was some evidence that the transport manager had given instructions to drivers, there was little evidence that she was exercising any form of continuous and effective management of the operator’s transport operation. The operator and transport manager also had recent adverse history in operator licensing.

There were very few positives which I could find in balancing in this case, but I was able to give the operator some credit for their candour, albeit late, that they no longer required a licence. However, I found that the negatives far outweighed any positive that I could find. The Priority Freight and Bryan Haulage questions considered, I concluded that I must revoke this licence. Pursuant therefore to adverse finding in terms of Section 27(1)(a), 27(1)(b), 26(1)(a), 26(1)(ca) 26(1)(e), 26(1)(f) and 26(1)(h) this operator’s licence is revoked with immediate effect.

I also find transport manager, Mrs Mary McKee, to have lost her repute.

The clear disregard for the law shown by this operator, coupled with their deliberate failure to co-operate with DVSA in the course of their investigation makes this a case in which disqualification is appropriate. I have decided, having regard to all of the evidence, that it is justified in Mr McKee’s case to disqualify him from holding an operator’s licence indefinitely. I am also of the view that Mr McKee should not act as a director or a partner in any entity which holds an operator licence. Any such involvement will render the licence liable to revocation, suspension or curtailment in terms of section 28(4) of the 1995 Act.

Further, I consider it proportionate to disqualify Mrs Mary McKee as a transport manager for an indefinite period. I can think of no rehabilitation measure which would allow for
effective remediation, given the dereliction of duty by Mrs McKee in this case. None, therefore, is set.

Claire M Gilmore

Traffic Commissioner for Scotland

30 April 2021