M&M Haulage wins appeal for new hearing
Southampton-based sole trader Malcolm George Millard, trading as M&M Haulage, has won an appeal to have his case reheard by a different traffic commissioner (TC).
The Upper Tribunal found that West of England deputy TC Tim Hayden had failed to back up his decision sufficiently.
The deputy TC curtailed the business’s O-licence from three to two vehicles and attached conditions concerning the frequency of preventative maintenance inspections and the appointment of a new transport manager.
At a public inquiry (PI) called last year to consider prohibition notices, a change in maintenance provider and for failing to inspect the vehicles regularly, the deputy TC found that Millard had failed to keep vehicles and trailers fit and serviceable.
His written decision said Millard had also failed in his duty to continuously and effectively manage the transport as a transport manager.
Millard’s appeal challenged some of the evidence presented at the PI. Last month the Upper Tribunal found the deputy TC failed to explain how he arrived at the conclusions set out in his decision.
Judge Kenneth Mullan said the deputy TC undertook no effective analysis of the evidence and provided no reason for concluding that Millard had breached the O-licence undertakings.
“Where the outcome decision is to curtail an operation and/or penalise the operator in terms of involvement in future transport management then full and sufficient reasons for such an outcome must be provided,” said the judge.
- This article was published in the 21 July issue of Commercial Motor. Why not subscribe to receive 12 issues for £12?
Waste carrier's permit revoked in order to protect environment
A waste carrier with a history of permit breaches has had its environmental permit revoked after failing to act on previous warnings.
Noble Waste Treatment, which has an O-licence for seven vehicles and operates from a site in Wakefield, West Yorkshire, can no longer operate its Thornes Lane Wharf facility. It has until 22 September to clear waste from the site.
The Environment Agency (EA) said the firm has a history of failing to comply with permit conditions, including storing waste material for prolonged periods and storing waste outside the permitted area. It also stored waste in a manner that posed a fire hazard.
The EA said the company had failed to act on advice and guidance given in the past, and its permit had to be revoked in order to protect the environment.
A legal notice was served by the agency last year proposing to revoke the operator’s permit, but the firm appealed and was allowed to continue operating until a decision had been made. It lost the appeal last month.
Sister company Noble Skip Services will not be directly affected by the decision, but will not be able to deposit the waste it collects at the site.
The EA said if it does not clear the waste by 22 September, Noble Waste Treatment could face further legal action.
- This article was published in the 21 July issue of Commercial Motor. Why not subscribe today to receive 12 issues for £12?