Haulier undermines O-licencing system

Chris Tindall
April 24, 2019

An operator who lent his licence to another business has been disqualified for three years and had his licence revoked.

Traffic commissioner (TC) Nick Denton (pictured) said the standard international licence held by Bernard Berger, in the name of XWK International Haulage, would be revoked immediately and Berger would be unable to hold or obtain another licence until 2022 after he heard that the director had lent his licence to HM Distribution.

TC Denton said vehicles operated by HM Distribution had been kept at an unauthorised operating centre for 10 years and its director, Malcolm Hillage, managed the licence in “a highly non-compliant manner”.

A DVSA visit to HM Distribution’s premises found that Hillage was not downloading vehicle units or drivers’ cards and was not carrying out any analysis of the data to identify driver infringements. Vehicles were not fit and serviceable and the operator had failed to specify lorries on its licence.

TC Denton said Berger was not of good repute for knowingly lending his operator’s licence out. He noted that Hillage had previously been director of L&M Logistics, which had its licence revoked after entering liquidation.

Hillage was nominated as transport manager on Berger’s licence at around the same time and in effect had continued as an operator despite the fact his previous company’s licence was revoked.

Hillage was also disqualified from acting as a transport manager on any licence indefinitely.

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About the Author

Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and quickly realised there was enough going on to keep him busy for a very long time. He’s covered a broad range of significant issues, including GPS jamming by criminals, platooning, Brexit and the impact of the Covid-19 pandemic, the lack of safe and secure lorry parks and he helped secure the release of a lorry driver in a Polish jail due to misuse of the European Arrest Warrant.

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