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routeone > Legal > Disqualification for no-show operator
Legal

Disqualification for no-show operator

Mike Jewell
Mike Jewell
Published: August 29, 2019
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Mr Crosby was called before the TC after a vehicle was given an immediate prohibition in March for a tyre worn beyond the legal minimum

Sunderland-based Colin Crosby was disqualified from holding a PSV O-Licence indefinitely after his two-vehicle restricted licence was revoked with immediate effect by Traffic Commissioner (TC) Kevin Rooney after he failed to attend a Leeds Public Inquiry.

The TC said that the DVSA investigation following the prohibition notice found a number of shortcomings. There was no evidence of any written driver defect reporting system. There was no valid insurance. Mr Crosby relied upon insurance from the vehicle hire company but that policy restricted cover to “any person in the insured’s employ”. There was no allegation that Mr Crosby was lending his licence authority to the hire company, I Hixon, trading as Steels Taxis and Minibuses. It followed that the drivers were in the employ of Mr Crosby and the insurance was invalid.

Mr Crosby did not have access to the maintenance records, leaving the responsibility with the hire company. He argued that the prohibition was for a flat-spot yet the preventative maintenance inspection report dated 18 January recorded four of six tyres at 2mm, with the remaining two at 2.1 and 2.2 mm. It was clear that that inspection should have led to the replacement of all the tyres either immediately or shortly thereafter. It was highly unlikely that the 0.95mm measured by the Vehicle Examiner was a single flat-spot. Maintenance was clearly seriously deficient.

Mr Crosby clearly knew nothing of the responsibilities of a licensed operator of passenger carrying vehicles having operated dangerous vehicles without insurance. Mr Crosby’s good repute was forfeited and he would need to attend before a TC to have it restored.

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