A bid for an O-licence by the son of a disqualified haulier has been rejected because the applicant, Christopher Trow, was using red diesel in the firm's vehicles and had failed to disclose a seven-year sentence for drug convictions. A licence for 10 vehicles and 10 trailers held by his father, Rotherham-based Dennis Trow, trading as HOL TRO Enterprises, has been revoked. The North Eastern Traffic Commissioner Tom Macartney also disqualified Dennis Trow from holding an O-licence for three years.
The application for a new licence for 10 vehicles and 10 trailers by his transport manager Christopher Trow, trading in the same name, was refused, his interim licence revoked and he was also disqualified for three years. The TC said Christopher Trow's application did not disclose a conviction for drug offences for which he had been sentenced to seven years in prison.
Last November two vehicles operated on Dennis Trow's licence were stopped in a check. Red diesel was found in the tanks of the vehicles and prohibitions were issued to both drivers for failing to produce tachograph records. The vehicles had professionally fitted fuel tanks with sophisticated pipework allowing red diesel to be used while the normal fuel tank contained white diesel. Christopher Trow admitted he had been operating under his father's licence since leaving prison.
He claimed the tanks were professionally installed by a Mr Holmes, a fitter, without his knowledge. He agreed he should have been suspicious when Holmes told him he had a very cheap source of fuel. He was paying Holmes to source diesel, for which he was paying 70p per litre, when the rate for diesel at the time was around £1.10 to £1.20. Her Majesty's Revenue and Customs (HMRC) had demanded £80,000 for repayment of fuel duty. Trow had offered £3,000 and negotiations were continuing.
He said the tachograph records could not be shown as they had been left in a pick-up truck which was stolen in July. The vehicle was recovered five days later, but the documents were missing. The TC said that a theft in July 2008 did not account for missing tachograph charts in the period running up to November 2008.
Making the revocation and disqualification orders, the TC concluded that Dennis Trow had acted as a front for his son. He also concluded that Christopher Trow knew about the red diesel and was complicit in its use.
Undercutting reputable operators
The TC believed Christopher Trow had been involved in one of the most sophisticated uses of red diesel he had seen. This was completely unacceptable when reputable operators using tax-paid fuel were struggling to remain solvent.