An operator that demonstrated persistent licence failures, with “road safety critical” features uncovered in a DVSA audit, has had its licence revoked.
A O’Hara TV & Filmset Construction appeared before the North West traffic commissioner David Mullan following an unsatisfactory maintenance investigation by the enforcement agency and a subsequent desk based assessment, which also revealed serious issues.
Maintenance and inspection records were not properly completed; there was no evidence of a safety defect recall system; there was no wheel security system and little to no evidence of load security training.
At a public inquiry in Warrington, company director Liam O’Hara admitted to his lack of knowledge, as well as his failure to provide the requested records for the hearing.
Mullan said O’Hara had been very honest about his situation and that he was a joiner by trade who had expanded into road transport without appreciating its complexity.
“This is an operator who, I’m disappointed to say, failed to recognise the problem and failed to put matters right,” the TC said.
“I received some promise of future action – without supporting materials to confirm – but largely this was an operator who has put their head in the sand in the hope that they could make things right following the public inquiry.”
Mullan described the licence failings as persistent and said the case fell into the severe to serious category:
“In balancing the positives and negatives of this case I find that the negatives far outweigh the limited positives.
“Any direction other than revocation would be perverse in the circumstances.
“I am advised that this business can survive without its operator’s licence, although the operator does see the commercial and organisational benefits of having in-house transport operations.”
As a result, Mullan ordered that the St Helens’ operator’s licence, which authorised two lorries, was revoked within 28 days to enable the transport operations to be brought to an orderly closure.
“On consideration of Mr O’Hara’s candour at the public inquiry I step back from any order of disqualification,” the TC added.
“Should Mr O’Hara wish to reapply at some point in the future, I strongly recommend that the application is supported with evidence of training and the appropriate support he recognised as being currently absent.”
