Judge backs TC's ruling on Randolph Transport

An appeal by Randolph Transport and its director and transport manager Catherine Tottenham over their disqualifications has been dismissed.

In a written decision, following a September appeal hearing in Edinburgh, Upper Tribunal judge Mark Hinchliffe upheld the June decisions of Joan Aitken (pictured), traffic commissioner (TC) for Scotland, who:

. disqualified Kirkcaldy-based Randolph Transport indefinitely after it failed to notify her of the appointment of a disqualified person, William Tottenham, as director;
. ordered that the O-licence held by Randolph Transport be revoked;
. disqualified his daughter Catherine Tottenham from the industry for two years, ruled she had lost her repute as a transport manager and that she be disqualified from this role for two years;
. held that William Tottenham will remain disqualified by virtue of an order made in 2000.

William Tottenham had previously been involved with Bellshill Fish Distribution, but the company’s licence was revoked in 2000 because of drivers’ hours offences. At the same time he was disqualified indefinitely from being involved in O-licensing.

Tottenham told the TC he had later become a director of Randolph Transport solely for tax reasons. He said he recalled being disqualified, but thought the length of disqualification was five to 10 years. William Tottenham had since resigned and said he had no intention of becoming a director again.

TC Aitken also found that the licence was without a nominated transport manager between 2007 and 2013, which she said was a deliberate disregard for the regulations.

The company had failed to respond to a request for information about its nominated transport manager. Catherine Tottenham, a director and qualified transport manager, told TC Aitken she had not been aware of the need to disclose these changes and had not attempted to mislead anyone.

On appeal, the firm argued that the indefinite disqualification imposed in relation to the operator failed to have regard to the separate legal personalities and capacities of the company and William Tottenham as an individual.

It said there was no evidence that, at the date of the decision, Catherine Tottenham was no longer of good repute as transport manager, and the disqualifications were disproportionate.

However, Judge Hinchliffe said: “We consider it to be wholly unrealistic to try and remove Mr Tottenham’s culpability from that of the company.

“She (Catherine Tottenham) had presided over, colluded in, and tried to cover-up a situation relating to the operator’s directors and transport manager of such seriousness that, inevitably, it compromised her fitness to hold an operator’s licence as an individual and as a director, and it fatally damaged her repute.”

The revocation and disqualifications come into effect on 21 November.