News

The licence of a Lancashire operator, said by North Western Traffic Commissioner Beverley Bell to have an "appalling history," has been revoked and a licence application by his limited company refused. However, the TC delayed the revocation of the existing two-vehicle licence held by Bolton-based Gary Tonge for four weeks to allow him to take legal advice. She refused an application for a new five-vehicle licence by Northern Aggregates & Grab Hire, of which Tonge is the sole director.

Vehicle examiner Shaun Elliott said maintenance was contracted out, and there were three vehicles in possession. One was given a delayed prohibition in March and subsequently issued with a variation and refusal to clear notice. An immediate prohibition and a delayed prohibition were issued to vehicles examined during his maintenance investigation. Tonge had been unable to produce records for all vehicles. Odometer readings appeared to show vehicles had been used while prohibition notices were in place.

Traffic examiner Christine Finegan said one vehicle had a variety of drivers, and tachograph charts relating to it were in disarray, with unaccounted mileage and centrefield and mode switch anomalies. Tonge did not have a formal system for checking charts, relying upon drivers' knowledge. He was not keeping a formal record of activity with regard to the Working Time Directive. Tonge said he would not knowingly have a vehicle on the road with a prohibition in force and he assumed  it had not been lifted due to an oversight. He was not experienced in road transport and accepted he had made errors. It had taken a couple of years to realise the importance of the paperwork. He said he now had proper systems in place.

Admitting he had been operating three vehicles, Tonge said he had assumed he had interim authority for an extra two vehicles, having made an application. He agreed he had been prosecuted for operating more vehicles than he was licensed for, and that he had continued to do so since. He accepted that the fine and costs should have been paid last September but had been paid only that day. He denied creating safety inspection records himself but agreed he had been prosecuted for failing to produce tachograph records. In delaying the implementation of the revocation decision, the TC said Tonge would be granted time to consider his position, and suggested he take advice.