A “sham” Transport Manager (TM) arrangement that led to Glasgow-based Ian Sharp being granted a national licence has led to its revocation and the disqualification of both Mr Sharp and his TM Robert Quigley.
In revoking the two vehicle licence at an Edinburgh Public Inquiry, Traffic Commissioner (TC) Joan Aitken disqualified Mr Sharp from holding or obtaining a PSV O-Licence for four years and Mr Quigley from acting as a TM for life.
In 2012, Mr Sharp applied for a two-vehicle restricted licence which could not succeed as he could not demonstrate that he had a principal occupation.
He then applied for a national licence and nominated Mr Quigley as his TM. The application and the nomination of Mr Quigley appeared genuine and a national licence was granted later in 2012.
Mr Sharp confirmed the licence details on the five-year checklist in October 2017, including that Mr Quigley was TM.
Vehicle Examiner (VE) William Forsyth reported that on 18 August 2016, an immediate prohibition was issued at annual test for a leaking brake pipe.
On 11 April 2018 an ‘S’ marked prohibition was issued for two long standing defects.
During a maintenance investigation in May it was found that Mr Sharp had changed maintenance contractors without notifying the Office of the TC.
Mr Sharp had said he had fallen out with his TM and had not had a TM visit for approximately six months. An incident whereby a vehicle came off a motorway slip road in March had not been notified to DVSA.
Mr Sharp said that his connection to passenger transport arose from his involvement with a football team which needed to transport players and that led to evening hires for adults. He did that unlawful operation for three to four years. He then got an O-licence in 2012.
He had fallen out with Mr Quigley who had been keeping him right. He knew Mr Quigley through a mutual friend. The arrangement was that Mr Quigley would check the records every three to four weeks. He was checking all records up to January/February 2018 when he and Mr Quigley fell out.
In reply to the TC, Mr Sharp admitted that he had only met Mr Quigley a couple of times since November 2012; that the TM arrangement had been a fiction from the start; that the signing of the five-year checklist in October 2017 was a false declaration and a continuation of the fiction; and that he had never paid Mr Quigley.
Making the revocation and disqualification orders, the TC said that the licence had been rotten from the moment Mr Sharp and Mr Quigley placed their respective signatures on the paperwork for the licence.
There had been no professional competence from the beginning; it was a sham arrangement which no doubt would have continued but for the DVSA investigation.
Mr Sharp lied to the VE when he said he and Mr Quigley had fallen out relatively recently.
He lied in his initial evidence in the PI. The absence of professional competence was not an academic matter. Mr Sharp had displayed an ignorance of the standards and duties required of a compliant operator. He had allowed seriously unroadworthy vehicles to be on the road. The tacho data report also revealed infringements.
