News

A London man used an unauthorised operating centre for two years, amassed 35 prohibitions and claimed inspection records had been accidentally destroyed. As a result his O-licence has been revoked and he has been disqualified from holding a licence for three years. Hubert Townsend, trading as Ubart Commercial Services, with a licence for five vehicles and three trailers, had been called before the South Eastern & Metropolitan Deputy Traffic Commissioner Christopher Heaps.

Vehicle  examiner Jamie Mitchell said Townsend was not using his authorised operating centre at Wandsworth and had been operating from Battersea for approximately two years. Inspection records were available only for vehicles purchased in the past 12 months, and Townsend claimed the other records had been destroyed in a flood. Follow-up action was not recorded on driver defect reports.

Since the licence was granted in April 2003, 35 prohibition and variation notices had been issued in respect of Townsend's vehicles, three of which were 'S' marked. There were 35 immediate and 29 delayed defects recorded on the prohibition and variation notices. Many of the prohibitions related to brake defects. The initial failure rate at annual test was 100% and when vehicles were re-presented for clearance 75% again failed.

Townsend said the number of prohibitions issued each year had dropped since 2004. He had large workshop facilities and two experienced mechanics. He accepted that the absence  of roller brake test facilities was a problem and said he was making arrangements for his fleet to be serviced and inspected by outside contractors. That should improve the MoT first-time pass rate. He said he had had to vacate his original operating centre and there had been no intent to deceive Vosa or any other organisation. Making the revocation and disqualification orders, the DTC said he had rarely, if ever, seen such a history of maintenance failure as was demonstrated by 35 prohibition notices on a relatively small fleet and a 0% MoT first-time pass rate.

The fact that so many failings related to brakes and that so many prohibitions related to immediate defects, together with the MoT failure rate, demonstrated that the public had been seriously endangered by Townsend's activities as an operator. He found it incomprehensible that this appalling record should not have led him previously to have taken steps, perhaps by the appointment of independent contractors, to improve standards before being called to public inquiry. Despite this being his first public inquiry, Townsend's failings were so serious and the danger to the public had been so great as the result of his blatant disregard for his responsibilities as an operator, that it was appropriate and proportionate to revoke the licence.