O-licence refused due to fronting concerns

Joan Aitken, Scotland’s traffic commissioner (TC), has denied the son of a failed haulier an O-licence through fears that it would be impossible to prevent his parents’ influence.

Lanark-based AS Adams had its application to run one truck and one trailer turned down following a public inquiry (PI) in Edinburgh in September.

The PI was told that sole director and proposed transport manager Andrew Adams, the son of operators who had been involved in a string of non-compliant boat transport businesses, wanted to set up a haulage business to transport boats and caravans for his fishery company, Kypeside Fishery.

Adams’ mother, Vari Adams, had been in control of a number of businesses that had their O-licences revoked, including a company that traded as Adams Haulage Contractors and another business in her name that had its licence taken away in 2009. Adams’ father Alastair Adams also had his HGV driving entitlement revoked in 2009.

Andrew Adams had previously had his HGV licence suspended by the TC after he was stopped by police when the truck he was driving had no working front side lights and rear side lights. It also had a damaged number plate.

The PI was told that Adams had rarely driven for his parents and had mainly worked for an agency. However, he said if he were granted an O-licence he would not turn down work from his parents. He also intended to operate a vehicle that belonged to his father.

He claimed that the suggestion that Vari Adams’ Euroboat Transport business was his inheritance, as put to the TC at former hearings involving his parents, was “complicated”.

“What are the similarities between him and his parents’ business? There is the same location; he lives at the same long-standing address used by his parents over the years; he proposes to use the same yard used by them over the years. He proposes to be in exactly the same line of business,” said Aitken in her written decision.

She said had there been no link between Adams and his parents it would have seemed a straightforward application as he had the required finances, a transport manager CPC, an external maintenance contractor and permission to park his vehicle.

She said: “He is the son of two people who have caused great concern to traffic commissioners and their deputies over a very long period of time.

“If I were to grant this licence it would be nigh impossible in practical terms to stop either Alistair Adams or Vari Adams and their activities from operating under the operator licence currently applied for.”

She questioned the company’s name, suggesting that it was similar to the name of the applicant’s father.

Furthermore, Aitken said she could not find that Adams was fully open with her during the hearing, as she did not believe his assertions that his parents were not living in the UK. “Without a doubt it would suit the Adams family to have an operator’s licence within the family in Great Britain again,” she said.

• This story was published in the 12 November issue of Commercial Motor. Why not subscribe?