In two recent decisions by the Welsh and Scottish Traffic Commissioners where hauliers had their licences revoked, both cited the unfair commercial advantage those operators had obtained through illegal operation as key reasons to remove them from the industry.
This is the rock on which fair operation is founded: transgress and justice will be done - and crucially will be seen to be done.
Without wishing to self-aggrandise, the press plays a vital role here: our investigations shine a spotlight on those engaged in uncertain practices. However, VOSA has not been helpful in training that investigative searchlight.
We contacted the agency with a request under the Freedom of Information Act. We wanted to know if an operator we had been reporting on had attracted any prohibitions in England, Scotland and Wales.
Motor Transport had discovered that Tinnelly International Transport (now insolvent) ran trucks on the UK mainland without an O-licence. In addition, director Kevin Tinnelly had been described by North Western TC Beverley Bell as "highly non-compliant". It was also prosecuted three times in two years for overloading offences. Therefore, such a request would seem a reasonable exercise in responsible journalism.
Unfortunately, VOSA refused the request, saying this would "prejudice the commercial interests" of Kevin Tinnelly as he is now trading as Tinnelly Transport, having been granted a six-month licence in Northern Ireland (no background to that decision has been disclosed).
Thus we have the ludicrous situation where a "highly non-compliant operator" avoids press scrutiny lest his new business be harmed. This apparent prejudice has enabled difficult questions to remain unanswered.