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No transport manager for 10 months leads to O-licence revocation

  • 14 June 2012
  • By Justin Stanton

Household and office removals specialist Langston’s Group, which operated without a transport manager for 10 months, has had an appeal against the revocation of its O-licence dismissed.

In a written decision, Upper Tribunal Judge Jacqueline Beech upheld the November 2011 decision of Miles Dorrington, Deputy Traffic Commissioner (DTC) for the South Eastern Metropolitan Traffic Area when he revoked the licence of the Wimbledon-based business run by Zeeshan Malik.

Langston’s Group was the holder of a standard national O-licence granted in December 2010, authorising four vehicles, with two in possession.

The nominated transport manager was David Drury, but in January 2011, Vosa wrote to the business to say the TC had learnt of Drury’s resignation from the role.

Langston’s sent an email to Vosa dated 8 February 2011, which confirmed that it was in the process of appointing a transport manager.

As a result, Vosa wrote to Langston’s on 22 February 2011 saying the TC had decided that its licence could remain in force until 22 June 2011 without a nominated transport manager being in place while the recruitment process was taking place.

On 9 August 2011, Vosa wrote to the business saying the period of grace granted by the TC had expired.

The organisation requested details of arrangements already made or in progress to nominate a replacement transport manager; as well as bank statements to show financial standing – with a deadline of 23 August 2011.

On 31 October 2011, the TC’s office wrote to the Langston’s advising that Vosa had not received any reply to the letter of 9 August 2011.

The business was given a further opportunity to produce evidence of financial standing, with a deadline of 21 November 2011.

However, this information was not received by the TC and on 29 November 2011, Langston’s had its licence revoked on the grounds of breach of conditions and statements of intent as well as material change.

On appeal, Malik said that following the resignation of Drury, he had struggled to find a suitable replacement transport manager for an authorisation of four vehicles.

A transport manager had now been found and he was scheduled to start with Langston’s.

However, Beech said: “The appellant lost his professional competence in January 2011 when his transport manager resigned.

“Despite a period of grace to 22 June 2011 to allow the appellant to regularise the position, he did not do so and failed to keep the traffic commissioner informed.

“He further failed to provide bank statements covering a three month period.

“In those circumstances, we are not satisfied that the decision of the deputy traffic commissioner to revoke the appellant’s licence was either plainly wrong or disproportionate.”

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Article source: http://www.commercialmotor.com:80/latest-news/no-transport-manager-for-10-months-leads-to-o-licence-revocation