A Gloucestershire business that demonstrated “gross non-compliance” over a number of years has had its licence revoked.
An investigation into metal recycling sole trader David Cornwall was carried out by the DVSA after a vehicle examiner spotted his HGV with brake drums piled around a scrap car, which were unsecured and stacked higher than the sides of the truck.
The subsequent maintenance investigation found considerable shortcomings, including non-use of the stated operating centre; no forward planning system or walk round checks; no risk assessments for load security and roller brake testing which was broadly annual and not quarterly.
At a Bristol public inquiry before TC Kevin Rooney, Cornwall said he had fallen out with his landlord and so was parking his HGV at another location. He was unaware he had to make an application to do this.
Rooney said there had been no tachograph analysis for a number of years and the complete failure to download records went directly to his fitness to hold a licence.
The TC also said the photographic evidence of the unsecured brake drums was as bad as he had seen for some time: “This case started with a load security issue,” Rooney said.
“Mr Cornwall seems absolutely unconcerned that he is driving around with large chunks of scrap metal lacking any security.
“In his response to the examiner, he says: ‘I don’t recall having any issues with lost loads.’
“That might be relevant when he is moving a single scrap car but I do wonder how he would know whether an individual piece of scrap metal had fallen off.”
The TC added: “In not having his vehicle inspected every six weeks and in not investing in tachograph downloading and analysis, Mr Cornwall gained a competitive advantage.
“In not paying to advertise his new operating centre nor to vary his licence to add it; he gained a competitive advantage.
“His corner-cutting led to the vehicle in use with safety-critical defects. His lack of action even at the date of the inquiry shows a total contempt for the regulatory regime.
“I find he is no longer fit to be the holder of a restricted goods vehicle operator’s licence.”
