Removals company boss loses repute and O-licence

A removals company has been put out of business after its director was caught at the wheel without a tachograph card and ignored a prohibition notice by driving off. Azam Amin and his company AJ Removals & Storage have been disqualified for three years, its O-licence has been revoked and Amin has also lost his good repute as a transport manager following the incident in May 2018.

Traffic commissioner (TC) Nick Denton said the director had compounded his actions by fabricating the claim that he did not need a tachograph card because he was doing unpaid gas repair work for a friend on his day off. Further investigation found the claim was untrue and Amin had been undertaking furniture removals and had been paid £1,000.

A public inquiry in Birmingham was adjourned due to Amin being prosecuted by the DVSA for using a false instrument, for which he was sentenced to 200 hours of community service. When the PI took place in May 2019, Amin’s solicitor said her client had been angry at being issued with a fixed penalty for not using a tacho card and had driven off despite having been issued with a driving prohibition. He then “stupidly” attempted to cover his tracks by drafting a letter he induced a customer to sign, which claimed he was doing gas fitting work, because he feared he was in trouble for driving away from the examiner.

Amin told the TC he had never been in trouble before and any regulatory action would severely effect his business, which employed five full-time people. However, Denton said his offence was “not a one-off moment of madness”. He said: “The original offence was compounded by driving away while under prohibition. That might have been a heat-of-the-moment action that Mr Amin could have gone some way towards remedying by volunteering the truth subsequently. This is not the action of a reputable transport manager or operator.”

  • Why not register for our Compliance Bulletin to receive the latest legal and fleet management advice fortnightly? Sign up free now

Landowner and director fined for illegally dumping waste

A waste haulage company director and a landowner have been fined £6,435 for illegally dumping thousands of tonnes of waste on farmland in Devon. Marie Sinead Berry, a director of CB Plant Hire, whose company transported waste to the Tiverton Motorcross site, admitted she had failed to carry out normal duty of care checks and had taken her eye off the ball.

In 2016, TB Plant Hire was contacted by a third party to use land off the A361 for the disposal of waste. But complaints were received and an Environment Agency officer visited the site and found waste was being deposited on a large scale.

Landowner Stephen Dibble had partially filled a valley and indications suggested he was intending to continue depositing more waste. He confirmed he was using the waste imported by CB Plant Hire to return the land back to agricultural use. A waste exemption allows landowners to reuse up to 1,000 tonnes of soil and subsoil for specific purposes but it was revealed Dibble had accepted more than﷯ 23,500 tonnes of waste at Tiverton Motocross and he lacked planning permission.

Appearing before Exeter Magistrates’ Court, Berry was fined £120 and £3,500 costs after pleading guilty to operating an unauthorised waste disposal facility. Dibble was fined £265 and ordered to pay £2,490 costs.

  • Why not register for our Compliance Bulletin to receive the latest legal and fleet management advice fortnightly? Sign up free now