A restricted goods vehicle operator who did not disclose to the traffic commissioner (TC) a conviction for operating illegal waste sites has now had its licence revoked.
The Environment Agency (EA) provided evidence to North West of England TC Gerallt Evans that James Liverick, trading as Moredun Garage, had disposed of waste unlawfully at three sites over a two-year period.
Liverick was fined £1,980 and order to pay a victim surcharge of £190 and costs of £1,350 at Carlisle Magistrates’ Court in March 2022. The operator was allowed to pay the fine at the rate of £100 per month.
The TC was also made aware that Liverick’s vehicles had a 100% failure rate at both initial and final presentation for annual test over the last five years and so, concerned by these matters, Evans called the operator to a Golborne public inquiry (PI).
“The evidence that the fine was being paid at such a low rate raised the question about sufficiency of financial resources, as well as the other questions about Mr Liverick’s approach to compliance,” the TC said.
Liverick, whose operating centre was in Alston near Carlisle, did not attend the hearing and he did not provide an explanation for his absence. But prior to the PI a transport consultant assisting the operator contacted the TC’s office and explained Liverick was not aware of the implications for failing in his licence obligations and he was in ill health.
However, Evans noted that by operating an end-of-life vehicle dismantling business without a permit, he had saved £5,132 on permit application fees alone.
The TC also said he had also made additional significant savings as a consequence of avoiding paying for appropriate depollution equipment and maintaining the site to the required standard.
Evans said the failure to notify the conviction amounted to a material change as to fitness. “The evidence of the woeful annual test failure rate over the past five years leads me to a finding that Mr Liverick has failed to honour the undertaking on the licence that vehicles would be kept fit and serviceable,” he added.
Revoking the licence, the TC said he would also disqualify the operator for 12 months. “I consider the facts of this case are serious, but balance that with the fact that this is the first such order for Mr Liverick,” he explained.
Illegal waste disposal leads to licence revocation