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routeone > Legal > Firm already issued with warning gets licence cut
Legal

Firm already issued with warning gets licence cut

Tim Deakin
Tim Deakin
Published: April 17, 2019
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Maintenance problems following a previous formal warning for similar issues has resulted in the authorisation on the licence held by John and Jon Berresford being cut from four vehicles to three for four weeks by Deputy Traffic Commissioner (DTC) Mark Hinchcliffe.

The DTC also gave the partners’ Transport Manager (TM) Robert Moore a formal warning.

The firm, of 4 Woodstock Road, Loxley, Sheffield, had been called before the DTC after an unsatisfactory maintenance investigation during which two delayed prohibitions were issued. The firm was given a formal warning in 2011 when similar shortcomings were found.

Jon Berresford said that the Vehicle Examiner (VE) had criticised the fact that the forward planner was not up-to-date and that the inspection records were not in place. The planner and other records had been destroyed during a break in. However, the planner had been backed up on “i-cloud”. The VE was late and the TM was not present as he had had to drive, and he had been unable to answer all the questions.

The DTC said that if it had been his business with a previous formal warning and he was aware that the DVSA was coming, he would have ensured his TM was there all day.

Mr Berresford said that the inspection period was eight weeks for the minibus and six weeks for the two coaches. A second minibus was coming onto the road next month. He didn’t find it really complicated to have two different inspection periods.

The DTC commented that the contract with the maintenance provider stated four-weekly inspections. That had been breached every month and it was not worth the paper it was written on.

Asked about the two prohibitions, one for a brake defect and the other for a hub seal dripping oil, which seriously contaminated the brake shoes, Mr Berresford said the first related to a thermostat problem affecting the retarder. Both vehicles had full tests and the prohibitions were lifted.

In relation to three drivers’ hours breaches, Mr Berresford said that it had been more a case of not filling in the centre field properly and the drivers had paid their own fines. They did not do long distance runs so it was pretty easy to check drivers’ hours.

The DTC commented that the TC would not tolerate tired drivers driving passengers and would take licences away in such circumstances.

Undertakings were given to have six-weekly inspections of all vehicles with roller brake tests every 12 weeks; to rewrite the maintenance contract; to have independent audits every six months; that drivers would complete defect reports including entering their names and mileages; to provide further financial evidence within six months; and a letter from John Beresford outlining his involvement in the business.

The DTC said it seemed in reality that Jon Beresford was in partnership with Mr Moore. It was a comparatively serious case in view of the previous warning and he had a feeling of poor management. However, improvements had been made and would continue to be made.

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ByTim Deakin
Tim is Editor of routeone and has worked in both the coach and bus and haulage industries.
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