Scottish livestock haulier suspended after near miss with vehicle safety

Commercial Motor
April 18, 2018


A Kelty livestock haulier is to be suspended from operating HGVs at the end of this month after Scotland’s traffic commissioner (TC) said the business hadn’t paid enough attention to safety and licensing standards.

Andrew Adams and partners, trading as A&Y Adams and Sons, won’t be able to operate any of their four vehicles for six weeks from 30 April, following a decision by industry regulator Joan Aitken.

In a written decision issued after a public inquiry in Edinburgh, Aitken (pictured) said: “On 18 August 2017, the operator sent out a vehicle on to the public roads of Scotland in a very dangerous condition. But for the most fortunate checking of this vehicle by the Driver and Vehicle Standards Agency (DVSA) there would have been a significant wheel loss incident, of that I am in no doubt.

“If ever a case showed the value of DVSA roadside checking, this is one. This decision gives me the opportunity to highlight the very serious practical contribution made by DVSA Vehicle Examiners to road safety in Scotland”.

The TC added that the partnership had been “dangerously ignorant” about what had to be done and what must not be done to ensure wheel security.

She also criticised the firm’s failure to make sure they had a professional competent transport manager – a legal requirement. The individual appointed to that role, John Barr, hadn’t been performing the role but the business didn’t notify the TC or find someone to replace him.

The regulator said the blame for what had happened on the licence lay with Barr, who did not attend the inquiry, although she noted that Andrew Adams knew the arrangement was casual and not thorough.

The written decision on the firm noted that the operator said that the arrangement with the transport manager had been on a mostly casual basis.

It acknowledged that Barr was not good health and has carried out his duties mainly by phone.

The company also said that Andrew James Adams is undertaking the CPC and will become the transport manager. In the meantime, the company was seeking a temporary “hands on” transport man.

Barr lost his repute on the day of the inquiry and was disqualified from acting as a transport manager indefinitely.

Aitken ordered the suspension of the licence held by Andrew Adams and partners with effect from 30 April 2018 at 23:59 for a minimum of six weeks.

The suspension will be removed when the TC is satisfied as to the requirements of professional competence, the identity of the partners and financial standing.


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