Decision

Decision for MAC Transport (UK) Ltd (OH1065771) and Corrina Jenkinson – Transport Manager

Published 16 February 2023

0.1 In the Western Traffic Area

1. Written Decision of the Traffic Commissioner

1.1 Charles Peter Drain (OH2052901)

2. Reasons

MAC Transport (UK) Ltd was granted a standard national goods vehicle operator’s licence in January 2007 currently authorising three vehicles and two trailers. The directors are Michael and Michelle Chatten. Corrina Jenkinson was appointed as transport manager in 2017.

The licence was continued in December 2021, The checklist indicated a heavy reliance on credit cards for financial standing. The bank statements showed no payments to the transport manager.

At a similar time, an application was made for a licence by a sole trader, Charles Peter Drain. Scrutiny of the licence and correspondence with the applicant indicated that he had been operating his vehicle using a disc provided by the holders of licence OH0207453, Corrina Jenkinson and Roger Jenkinson.

Mrs Jenkinson has notified that neither she nor the licence holder would attend the hearing and no-one has. Various written submissions with supporting evidence have been provided by Mrs Jenkinson and I have taken them in to account.

3. Corrina Jenkinson

The following is an extract from my decision for the application of Mr Drain:

“Mr Drain explained that he had previously held a partnership licence but his partner had moved to the North East around 2012. Mr Drain had been put in contact with Mrs Jenkinson and they had come to an arrangement for Mr Drain’s vehicle to be specified on her licence. Originally it had been vehicle HX51SXP, in 2014 it became MX57BBN and in November 2018, FN14FZS. In December 2021, he had been told that Mrs Jenkinson was not renewing her operator’s licence and he would have to apply for his own licence.”

In her written submission dated 21 August, Mrs Jenkinson states that the partnership licence “was mainly my husband’s concern”. She tells me that her husband was diagnosed with Alzheimers in 2008 and his deterioration worsened such that she became his full-time carer until 2012/13 until he entered residential care in 2017. He had become too ill to work in 2012 and she had paid little attention to the operator’s licence until receiving the renewal notice in 2021. It had also been at that time that “it also became evident tat the time that Mr Drain’s vehicle was on the licence that I realise in reflection was not fully appropriate”.

I have checked the record on the partnership licence. Mr Drain’s dates of vehicle changes are confirmed, first specified February 2012, changed in November 2014 and again in November 2018. The last date is nine months after the passing of Mr Jenkinson. Mrs Jenkinson signed the renewal in December 2016.

I find that Corrina Jenkinson was at least complicit in allowing the partnership licence to be used by Mr Drain and, from 2017, solely responsible, renewing the licence seemingly for that sole purpose. It can only have been she who changed the vehicle for Mr Drain in November 2018. There may be another explanation but Mrs Jenkinson has chosen not to attend to provide it. Lending licence authority is a very serious matter, hiding from the regulator the true operator of the vehicle. Mrs Jenkinson tells me that she had little to do with the licence from 2012 so who was managing the transport operation? Facilitating the lending of licence authority over a period of almost ten years causes me to find that her good repute as transport manager is forfeit. She is disqualified from acting as such for 12 months and until she sits and passes again the transport manager certificate of professional competence.

4. MAC Transport (UK) Ltd

No finances have been provided. Section 27(10(a) is made out in respect of financial standing. Section 27(1)(b) is now made out in that there is not a transport manager who is of good repute. I have no reason to question the good repute of the operator itself and it remains intact. The licence is revoked with effect from 8 March 2023.

Kevin Rooney

Traffic Commissioner

1 February 2023