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Application refused as manager unfit for job

18 March 2008

A Birmingham-based operator has been refused an O-licence after a traffic commissioner ruled that his nominated transport manager was unfit for the job. The decision by West Midland Traffic Commissioner Nick Jones came after Gary Southall, trading as National Parking Control, nominated David Armishaw as transport manager. He had answered an advert from Armishaw in Truck Weekly.

Southall, trading as National Parking Control, had applied for an international licence for two vehicles. Jones  said that Armishaw, who did not attend the public inquiry, had a history of investigations by TCs and TC Tom Macartney had held that he had lost his repute. In his letter, saying that he would not be attending, Armishaw said: "I do not answer to you or anyone else. I do not recognise you as a body of authority." In a subsequent letter, Armishaw said: "Legal action would be used to put you commissioners in your place once and for all, just when, you'll have to wait and see."

He regarded those letters as indicating that Armishaw was not going to do what TCs required in terms of regulating safety and having effective and continuous control and responsibility for vehicles. He was not entitled to advertise as a qualified transport manager as he had lots his repute. Jones was satisfied that Southall had done what he could to get a transport manager and there was no reason why a licence could not be granted in the future if he found a suitable independent transport manager.

THE OPERATOR WAS CONNED

The TC said that Southall's application had been refused only because he had been conned into hiring a transport manager who should not be advertising in the trade press.


Mike Jewell
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