A scaffolding firm has had its licence curtailed for a fortnight after it used an HGV without an MOT on hundreds of occasions.
Deputy traffic commissioner Gerallt Evans said LG Upright Scaffolding’s use of a vehicle without a valid test certificate for four months amounted to “persistent offending” and he criticised the operator for not having effective management control or systems in place to prevent compliance failings.
The Greater Manchester firm, which operates two lorries, appeared before the DTC at a Golborne public inquiry after ANPR evidence revealed one of its trucks was sighted on public roads 328 times without an MOT.
The DVSA then conducted a maintenance investigation, which found “a troubling absence of systems and records”.
The enforcement agency noted that several processes appeared to have only been introduced after its visit had been arranged.
The DVSA probe also found that the operator had recently engaged the services of a qualified transport manager and it wrote to the agency offering assurances that its compliance issues had now been addressed.
However, given the extent of the shortcomings, a decision was made to haul the firm to a PI.
Sole director Lee Griffiths conceded it had few systems in place prior to the DVSA visit and this had contributed to the use of a vehicle without an MOT.
The operator told the DTC it had faced many challenges since the licence was granted, including the pandemic and family issues.
The DVSA’s involvement had prompted Griffiths’ wife Nicola to become involved in assisting with the company’s administration and Evans said he was impressed with her evidence and found it reassuring she was now involved.
But he also said the negative features outweighed the positives: “I consider that formal regulatory action is required to ensure Mr Griffiths understands the need to achieve full compliance and that the remaining issues are addressed swiftly.
“I consider the appropriate form of such action is a curtailment of the licence for 14 days allowing the operation of only one vehicle during that time,” the DTC said.
“I have noted the representations arguing for a shorter period, but I consider that a curtailment for at least a full fortnight is proportionate to underline the serious compliance failures of the past and the need to ensure they are not repeated.”
