The O-licence held by Southampton-based Standen & Sons has been revoked, and the company and its sole director, Kevin Standen, have been disqualified from holding an O-licence for eight years. The Western Traffic Commissioner Sarah Bell considered that the company had shown a complete disregard for road safety and fair competition.
The firm, which held a nine-vehicle licence, had been called before the TC because of concerns over vehicle maintenance, finance, the use of an unauthorised operating centre, and the use of more vehicles than it was licensed for.
Evidence was given by vehicle and traffic examiners that some vehicles were being kept at a customer's premises at Notting Hill Way, Somerset; a vehicle had been hired in and operated in addition to the nine vehicles specified on the O-licence; and the majority of tachograph and maintenance records requested had not been produced, despite there being a conviction for failing to produce tachograph records in place.
Three undertakings given when the licence was granted had been breached - namely that Kevin Standen did not take his CPC course until 14 months after the date agreed, the production of follow-up financial information after 12 months, and a failure to have six audits of the maintenance regime out of the 18 audits due.
It was conceded that the nominated transport manager, Colin Standen, was elderly and had not undertaken that role for some time.
The TC said that this was a particularly bad case. The company had applied to specify a Somerset premises as an operating centre, with a substantial increase in vehicle authorisation, shortly after the licence was granted in 2007, but that application was refused.
Bell was satisfied that if the company had nothing to hide, then it would have produced the records on the occasions requested in 2009. There had been a failure on every level to comply with the general conditions and undertakings on the O-licence.
The requirements of the O-licensing system had been treated with a reckless disregard. The conduct of the company and its sole director since the grant of the licence meant they had no place in the system.
Holding that Colin Standen had lost his repute as a transport manager, the TC said he had allowed his qualification to be put forward in this family business with no apparent intention of fulfilling the role. It was an act of utmost dishonesty to simply 'loan' a qualification.
TC had to act
The TC felt it was incumbent on her to remove the company and its director from the system at the earliest opportunity to protect the legitimate industry and other road users.