The Transport Tribunal has ruled on appeal that a transport manager should have the loss of his repute reconsidered. Brian Smith, the nominated transport manager on a licence held by Durham-based Anglo Dutch Logistics (ADL), had lost his repute in a hearing before North Eastern Traffic Commissioner Tom Macartney.
At that inquiry, the TC had revoked the company's licence for four vehicles and six trailers. The decision followed illegal operation by an associated coach company run by Ralph Brown, the common-law husband of Anne Stidwell, ADL's sole director.
Evidence showed that the ADL licence had been obtained by deception because a false declaration had been made on the application form. The TC also disqualified Stidwell and former director David Pritchard from holding an O-licence indefinitely.
Smith had been 
invited to attend the public inquiry but had not been required to do so. He was notified that his repute was an issue in view of the evidence at the public inquiry. He was given 28 days to make written submissions concerning his repute or to request a public inquiry.
In reply, Smith wrote to say that he had never done any work and was never paid. The licence was never used, as a lucrative contract did not materialise.
He maintained that he had no connection with the coaching operations. In finding that Smith had lost his repute, the TC said he was the nominated transport manager on the application. He had the responsibility for the licence, but failed to exercise his duties.
The Tribunal said the TC should consider the basis on which Smith offered his services to Anglo Dutch when the company did not have any work and whether there was a draft contract of employment. He should also examine the connections Smith had with Brown and the various trading entities involved in 
the light of evidence that he was a driver with Pritchard of a Dutch-registered coach.
Denied opportunity to represent himself
The failure to formally call Brian Smith to a public inquiry deprived him of a valuable chance of putting his case to the TC before he came to the adverse conclusions that he did.