An operator in Burton-on-Trent has been kicked out of the industry for five years in what the traffic commissioner said was “the worst case” he had ever presided over.
Director, transport manager and driver Maxwell Nyamukapa was told that if he breached any of TC Miles Dorrington’s orders following a Birmingham public inquiry, he would be taken to court by the DVSA.
The PI heard that Nyamukapa had pleaded guilty at Telford Magistrates’ Court to 20 offences of knowingly making a false record and 15 offences of failing to keep a record.
He was sentenced for each of the 20 false record offences to 12 months imprisonment, suspended for 18 months and to 100 hours of unpaid community work.
Nyamukapa, who ran the haulage business J. Max Transport, admitted he had deliberately committed the offences and said he did so to keep his business afloat due to the increased fuel prices created by the war in Ukraine.
“Every operator, large and small, was adversely affected by that increase in fuel prices but that did not in any way allow them to deliberately break the rules and falsify records as a result,” said the TC.
“The vast majority of operators remained compliant and in doing so some went out of business; but they made the choice to go out of business rather than to break the strict rules.
“Mr Nyamukapa’s explanation for why he made the conscious decision to break the rules again and again and again was wholly without any lawful foundation or merit.”
Dorrington said that as transport manager, Nyamukapa had lost his repute and he disqualified him for five years.
He was also disqualified for five years from holding or obtaining an operator’s licence in any traffic area and from being a director or partner in any company or partnership that holds or applies for any type of operator’s licence.
Nyamukapa was also banned from driving HGVs for three years.
“I will be asking the DVSA to check that you have not breached any of my orders,” added the TC.
“If you are found to have done so I will ask the DVSA to prosecute you in the criminal courts and to impound any vehicle operated in contravention of my decision to revoke your operator’s licence.”
