Oswestry operator loses O-licence for 'grotesque failure' at vehicle maintenance

Commercial Motor
May 2, 2018


A truck operating without a tachograph, valid MOT and with inoperable rear stop and indicator lights led to its operator’s O-licence being revoked at a Birmingham public inquiry on 17 April.

The restricted licence, held for three vehicles in the name of Michael John Philbin for an operating centre in Oswestry, had originally been granted in 2005.

The faults in the vehicle were found by the DVSA at a roadside stop in August last year.

In addition to the immediate revocation both Michael John Philbin and Rachael Philbin were disqualified indefinitely from holding any type of O-licence in any traffic area.

West Midlands traffic comimissioner Nick Denton said in his written decision: “The operator had no system to ensure regular maintenance and was wholly unaware of the fact that EU drivers’ hours rules applied to its operations.

"Given the operator’s grotesque failure to abide by so many of the requirements relating to the safe and lawful operation of vehicles, revocation of the licence is the inevitable outcome.”

The PI also noted that since 2012 there had been a change in the operator such that the vehicle was being run by MJP Recyling, of which Michael Philbin is the sole director and Rachael Philbin secretary.

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