Failure to comply with undertakings sees ABC Mix lose its O-licence

Ashleigh Wight
June 27, 2017


A Liverpool-based cement, muck-away and waste business has been stripped of its restricted O-licence after it failed to act on assurances it had given a traffic commissioner (TC).

At a public inquiry (PI) in 2015, ABC Mix agreed to several undertakings concerning roller road brake tests; driver defect reporting systems; maintenance system and vehicle inspection audits; and attendance at an RHA O-licensing course. However, many of these were not sufficiently met.

Another PI in April was prompted by the issue of an S-marked prohibition last year to a truck that had six out of 10 wheel nuts loose on a single wheel.

Between January 2014 and September 2016, some 37 prohibitions for vehicle defects were discovered during roadside checks – three of which were S-marked. 

A prohibition had also been issued to a driver who did not have a valid driver CPC qualification, and for the vehicle not being fitted with a tachograph.

The company’s vehicles also had a poor initial MoT failure rate of 82% over five years and 80% over two years.

DVSA evidence given at the PI in April suggested that a number of the operator’s inspection records lacked detail and one vehicle went three months without a safety inspection. The examiner noted that the company had failed to inform the Office of the Traffic Commissioner that maintenance was now conducted in-house, and regular roller brake tests were not honoured.

Director Joseph Foley told North West TC Simon Evans (pictured) that he had lost focus on the transport side of the business, especially after its in-house fitter was subject to a serious assault and was unable to work for a period last year.

He claimed the firm planned to downsize in order to concentrate on the recycling aspects of the business, and now had a book where systems for wheel torqueing were recorded.

The TC described Foley’s oversight of the operation as “doing no more than his incompetent best”, despite several opportunities to make changes.

He concluded: “Even when I give credit for the steps taken in seeking to put in place arrangements to meet licence undertakings; the slowing of the rate of accumulation of prohibitions, the offer to have vehicle maintenance completed by a third party and the assertions of Mr Foley that he can make a sustainable change., I conclude that the negatives outlined significantly outweigh any positive features.”

The revocation came into effect on 2 June.

About the Author


Ashleigh Wight

Ashleigh is a former news reporter for Commercial Motor and Motor Transport and currently the editor of OHW+ and HR and wellbeing editor at Personnel Today.

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