TC issues licence after initial distrust of firm’s compliance efforts

A Derbyshire operator has convinced a traffic commissioner to grant it a licence after initially deciding to refuse it when an audit exposed problems with vehicle inspections and the use of self-employed drivers.

Chesterfield Transporters requested a public inquiry before deputy TC Gerallt Evans to discuss its future after the application for an international licence was due to be refused.

Evans said he had been concerned to learn that a DVSA encounter in 2019 with a truck belonging to director Ross Brusby’s previous business had been overloaded with mechanical defects and the operator was prosecuted as a result.

Evans issued an interim licence for the new operator and said he would issue full authorisation once the results of an independent audit were provided.

However, the report revealed that Chesterfield Transporters was relying on self-employed HGV drivers and its PMIs were not audited for driver detectable defects and they did not include tyre depth or brake testing.

Brusby requested a PI and he appeared at the Golborne hearing with his proposed transport manager Jonathan Thrower.

In his written decision, DTC Evans said: “Mr Brusby gave evidence and I was impressed by his approach.

“He explained that he had studied for the transport manager CPC qualification himself last year when he met Mr Thrower.

“Although he was ultimately unsuccessful at examination, the fact he had sought that professional development is to his credit. Mr Brusby also reassured me that going forward he would prefer to rely on another person to undertake TM duties.

“Mr Brusby also assured me that all his drivers were now engaged on an employed basis. He explained this had taken some time to achieve as he had struggled to find enough drivers to work on that basis.”

Evans added: “Although Mr Thrower is newly qualified as a transport manager, he was able to give evidence of extensive relevant experience in the transport industry over 15 years. His answers to my questions satisfied me that he would be able to exercise effective and continuous management of the licence if granted.”

Summing up, the DTC said Brusby and the applicant company had done enough to persuade him that this was an operator he could trust and so he granted the licence for three HGVs and one trailer, but issued a formal warning about future compliance.