A bid for a new O-licence by Castleton Turf & Soil Suppliers has been refused by the Welsh Traffic Commissioner Nick Jones after he concluded that its sole director, Mark Cutter, had been using the licence held by Cardiff-based Gerald Ballinger while disqualified from holding an O-licence. Also, Ballinger's licence for six vehicles and four trailers was revoked. It had been suspended in June after it was said he was too ill to attend the public inquiry. When the hearing continued in December, it was again said he was too ill to attend.
Traffic Examiner Anthony Lewis said he believed there was a fronting exercise going on, whereby Ballinger was allowing his licence to be used by Castleton Turf & Soil Suppliers. A licence previously held by the company was revoked in 2005. Cutter's three-year disqualification from holding an O-licence expired in September. One of the drivers had told him he had never been employed by Ballinger, but by Cutter.
He was asked if he would make a statement to that effect and he confirmed that he would be willing to provide such a document. Along with the other drivers, he provided a statement saying that he was employed at all times by Ballinger. Examination of the tachograph records showed 12,500 kilometres unaccounted for, along with a number of offences revealed.
Mark Cutter said that he had hired vehicles to Ballinger. He arranged the company's maintenance and he kept the maintenance records in case vehicles were also hired to other parties. He claimed that drivers were employed by Gerald Ballinger and that all driver requirements, including checking tachographs was undertaken by Ballinger who, he asserted, was the operator.
The TC found that Cutter and Castleton Turf & Soil Suppliers had been conducting most of the core functions of an operator during the period of his personal disqualification.
Unfit to hold a licence
The TC concluded the company and Cutter were unfit to hold an O-licence because of the use of Ballinger's licence. He revoked Ballinger's licence on the grounds of finance and lack of professional competence, citing his ill health, which meant he had not acted as transport manager for a very long time.
