Licence refused for wholesale failings at Scottish firm

Chris Tindall
October 24, 2023


An independent audit of a Roxburghshire construction haulier uncovered “some of the worst” failings a traffic commissioner (TC) had ever seen, according to an Edinburgh public inquiry (PI).

MAST Construction was described as “an accident waiting to happen” after it attempted to convinced Scotland’s TC Claire Gilmore to grant it a licence to operate two trucks out of its Hawick base.

The firm had been given interim authority to run one HGV while an audit into its maintenance and drivers’ hours systems was carried out, but when the results exposed significant failings, the company was hauled before the TC.

The report revealed wholesale failures in the systems for managing drivers’ hours and vehicle maintenance.

There was no meaningful brake testing being carried out, PMIs were not completed on time or at the specified maintenance provider, and no wheel torquing procedure was in place.

In addition, the correspondence address for MAST Construction was in Northern Ireland and the operating centre was found to be a 3x3m hut at the end of a dirt track, which was insecure and could not be accessed by the auditor.

The company’s sole director Michael Doherty explained that he had relied on a transport manager to sort his systems out, but his staff had struggled to get hold of him.

Doherty said he had now employed the services of a new transport manager, John Dolan, who would ensure it traded compliantly.

In her written decision, TC Gilmore said the company had a history of non-compliance in Northern Ireland and it had been operating unlawfully in the Scottish Traffic Area for some time before it put in an application for a licence.

“The audit which has been produced clearly demonstrates that Mr Doherty has not operated compliantly,” she said.

“The findings are amongst some of the worst I have seen. It is of grave concern that Mr Doherty’s vehicle is not receiving regular PMIs.

“Put plainly, if allowed to continue to operate, this operator
is an accident waiting to happen.”

The TC concluded that the operator, under Doherty’s stewardship, was not fit to hold a licence and so she refused the application.


About the Author

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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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