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O-licence revoked for use of unauthorised centre

21 February 2008

The Deputy TC refuses the company's variation application on road safety grounds and is considering further action against the sole director. A company that moved to an overcrowded site without informing the Traffic Commissioner has had its licence revoked and an application for change of operating centre refused. Birmingham-based Appropriate Scaffolding Services appeared before West Midland Deputy Traffic Commissioner Lester Maddrell. The Deputy TC turned down the company's application to base  five vehicles and four trailers at Deakin Road, Erdington, which was opposed by Birmingham City Council.

Vehicle examiner Harry Gill said he carried out an unannounced maintenance investigation on the company's authorised site following the issue of an S-marked prohibition, indicating a serious lapse in maintenance. He found that the company had moved premises to Erdington. At the Erdington site Gill examined two vehicles, issuing an immediate prohibition to one for a punctured tyre. The six-week inspection period had been extended to between eight and 12 weeks on occasions. Maintenance was contracted out but no agreement was available. There was no written driver defect reporting system no forward planner was available and the company said it might have been lost during the move. The initial pass rate at annual test was 25%.

Gill considered that the maintenance system was declining rather than improving. Traffic examiner Jonathan Mellor said that another operator was  already authorised for eight vehicles at Deakin Road, subject to a number of conditions. He added that if the application by Appropriate Scaffolding Services was granted there would be insufficient room to park all the authorised vehicles and trailers. Vehicles could not be easily turned round and they could not enter or leave without difficulty.

The DTC heard that Deakin Road was a narrow residential road and its surface was deteriorating due to the volume of large vehicles using it. There was evidence of vehicles being driven over the footpath. Vehicles entering and leaving passed within inches of residential property and there had been damage to guttering and fencing. There was also diesel spillage and debris deposited on the road surface. The company's authorised operating centre was no longer available.

For the city council, Richard Leonard said vehicles were regularly being parked overnight in Deakin Road. There had been 14 letters of complaint and a petition from the residents of Deakin Road, and the situation had worsened over the last six months. Refusing the variation application on road safety grounds, the DTC said the access was too narrow for the safe operation of large goods vehicles and the existing licence at the site would be considered at the review stage. In revoking Appropriate Scaffolding Services' O-licence, the DTC said the use of an unauthorised operating centre was a criminal offence. He considered disqualifying the company's sole director but gave her 28 days to make representations before reaching a decision.


Mike Jewell
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