Disqualified haulage director manipulated rules

West Midlands traffic commissioner (TC) Nick Jones (pictured) has revoked the O-licence of Willenhall business Albion Metal & Waste after it imported a large quantity of alcohol without the correct paperwork and ran its vehicles to a very low standard.

In a written decision following a public inquiry in Birmingham in April, the TC also disqualified director and transport manager Bryan Jewkes from holding or obtaining a licence for 12 months. He cannot work as a transport manager again until he passes an examination.

A vehicle operated by the company was seized by HMRC in January 2013 and found to be carrying more than 23,000 litres of beer.

When the driver produced paperwork for the load, the HMRC officers discovered the same document had previously been used for the transportation of alcohol.

Jewkes said he had not been importing alcohol illegally but was unable to provide paperwork to support his evidence.
He did not pursue an appeal to get the vehicle back.

A DVSA investigation also revealed:
. a vehicle was issued with a safety-critical prohibition notice for a poor quality repair;
. a vehicle parked on the road did not have a valid MoT;
. a number of infringements were found from driver tachograph records;
. no analysis was carried out on drivers’ hours records to make sure they were working legally;
. copies of driving licences for employees were not available;
. there was no evidence of a written defect reporting system for drivers to record vehicle defects;
. routine vehicle safety inspections revealed numerous defects.

Jones expressed his disappointment that Jewkes, as a director and the firm’s transport manager, could not show how he had dealt with driver offences and had also been committing offences himself.

Jewkes was unable to produce any evidence to show the required systems were now in place. Jones also said the company had been illegally lending its licence to Jewkes’s son, for use by his business.

The company’s O-licence will be revoked on 1 August, when the company and Jewkes will be disqualified for 12 months.

The TC concluded: “This operator had run vehicles to a very low standard without the minimum expertise being met. Jewkes has not performed a proper role as transport manager and probably does not appreciate what it involves in any event.

“He has run a successful business in that he owns a number of properties that have considerable value. However, it is clear his success had been obtained by manipulating rules, including those relating to the importation of alcohol.”