Plant firm’s reputation stained after licence lending

Chris Tindall
February 1, 2024


The transport manager for a Nuneaton haulage firm has been disqualified for three years after he allowed a revoked operator to continue running an HGV specified on its licence.

Deputy traffic commissioner Nicholas Denton also slashed Stain Plant’s licence authorisation from six vehicles down to one lorry and ordered that it was suspended for 28 days for the “highly irresponsible act”.

A Cambridge public inquiry heard how director and transport manager Brian Stain allowed Wagstaff Developments to operate a lorry specified on its licence for 14 months after he heard it was having difficulties following the revocation of its own licence in August 2021.

The TC said: “Stain Plant Ltd had no control over or oversight of the vehicle’s maintenance regime or of the driver’s tachograph data.

“By facilitating the continuance in operation of a company whose operator licence had been revoked, Mr Stain has frustrated the whole purpose of the regulatory system.”

In addition, the TC pointed out that Stain Plant’s MOT failure rate was very high, at 53% compared to the national average of 13% and fleet vehicles were not being given laden roller brake tests except immediately prior to their MOT.

Stain Plant had also failed to ensure the rules relating to drivers’ hours and tachographs were observed and no downloads for tacho units were carried out until very recently.

However, TC Denton said he was going to allow the licence to continue, but by the narrowest of margins and at a much reduced level: “But this is on condition that the company appoints a new maintenance provider before it resumes operations after the suspension ends,” he said. “It must also find a new transport manager.”

He said that on the positive side, Stain had recently taken a CPC refresher course: “On the negative side is the fact that he allowed someone whose licence had been revoked to continue to operate a vehicle, under the outward guise of legitimacy, by specifying it on Stain Plant’s licence.

“The vehicle was found to be untaxed when stopped in March 2023. Stain Plant’s own record on compliance with maintenance requirements and with rules relating to drivers’ hours and tachographs is extremely poor.

“Mr Stain has completely failed to exercise the required continuous and effective management of his own company’s licence and has facilitated illegal activity by another company,” he added.

“His good repute cannot possibly survive this.”

About the Author


Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and has covered a broad range of significant issues, including GPS jamming by criminals, platooning and Brexit.

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