Glasgow-based Fincairn Contractors has gained an O-licence for 24 vehicles despite revocation for associated company Glasgow Commercial Truck & Plant for flouting drivers' hours rules. Scottish traffic commissioner Joan Aitken heard Fincairn was investigated after a complaint alleging it was operating illegally under Glasgow Commercial Truck & Plant's licence and that drivers were breaking drivers' hours rules. Tachograph charts revealed that six drivers working night shifts were not fully employed by either company.
Sole director Joseph Rea said he went into partnership with co-director of Glasgow Commercial Truck & Plant James Gaffney in 2004 intending to run vehicles under that licence but trade as Fincairn as an amalgamated operation. He bought Gaffney out of Fincairn in August 2005. Since his fleet engineer has joined the company all 13 vehicles passed first time at annual test.
Aitken heard that since Rea took over the operation, it had been put on an entirely proper footing. The TC said Glasgow Commercial Truck & Plant took no responsible action to ensure casual drivers were complying with drivers' hours regulations. Rea had shown the potential to be capable of lawful operation but his repute "hangs by a gossamer thread".