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Compliance News - Chris Tindall
August 2, 2023
Two partners at a Halesowen haulage firm have been disqualified indefinitely after they were caught lending out their O-licence on a web forum.
Deputy traffic commissioner (TC) Nick Denton described Philip Carthy and Steven Edgington’s attempt to rent out their licence as “a wholly disgraceful act”, following a Birmingham public inquiry (PI) that they did not attend.
The two men traded as Chase TPT Services, which had a licence for three vehicles and two trailers. But in his written decision, Denton said an observant case worker in the Office of the TC’s Leeds office noticed a post by ‘Phil1953’ on TransportForum.com under the heading “O-licence for rent”.
Denton said: “The post, dated 13 March 2023, read: ‘I currently have an O license [sic] with 3 spaces for 3 vehicles, if anybody is interested’.
“The email address corresponded with the contact address given for licence OD0253702 held by Philip Carthy and Steven Edgington.”
The deputy TC added that the following day an HGV was then specified on the licence.
He also said that the web post attracted a number of comments: “One of the respondents – ‘Lorry’ – appeared to have a similar level of knowledge of and regard for O-licensing law to Philip Carthy, writing ‘Hi mate how much you looking for thx.’
“Perusing the subsequent comments I was relieved to see that ‘Bluecorn’ and ‘LanarkshireDave’ had a somewhat better understanding, respectively commenting ‘A great way to get invited for no tea and biscuits with the TC’ and ‘I smell a revocation coming on’. Prescient words, as it has turned out.”
Denton said Carthy, who was also Chase TPT Services’ transport manager, should have been aware of licensing laws, including the non-transferability of licences.
“Such an action enables bodies who might not meet the onerous requirements for holding an O-licence nevertheless to operate HGVs under the umbrella of a legitimate licence holder,” he said.
“The lending of a licence is a wholly disgraceful act.”
He found that both men had lost their repute, revoked the licence, and added: “Both partners are in their 70s and, I hope, are unlikely to wish to re-enter the industry. But to ensure that they do not, I am disqualifying them indefinitely.”
