The licence was revoked after maintenance and tachograph issues, as well as the admittance that the previous TM had been obstructed from carrying out her duties
Operating without a Transport Manager (TM) since November and maintenance problems led to the revocation of the three-vehicle national licence held by Middlesbrough-based Mirza Shahid Hussain, trading as 4 Acorns, by Deputy Traffic Commissioner (DTC) Fiona Harrington.
Mr Hussain had sought to increase the authorisation on his licence to six vehicles but failed to attend a Leeds Public Inquiry (PI). The DTC adjourned consideration of the repute of his former TM Beverley Brown until a date to be fixed after her legal representative failed to show up.
In April 2014 Traffic Commissioner (TC) Kevin Rooney revoked the then restricted licence held by Mr Hussain with effect from the end of May and granted the national licence with effect from 9 June 2014.
In her decision, the DTC said that Mr Hussain had breached the trust placed in him by TC Rooney in granting the current licence. Vehicle Examiner (VE) Cave had found serious shortcomings. Three prohibition notices and two graduated fixed penalty notices were reported by him, including an offence of failing to use a tachograph card or driver card and an immediate ‘S’ marked prohibition issued to a vehicle at an unannounced school roadside check.
Mr Hussain had failed to engage with the VE to assist him in the completion of his maintenance investigation. Mr Hussain had failed to work effectively with his nominated TM to ensure she was able to and actually carried out her duty to effectively and continuously manage the transport activities of the business. The repute of Mr Hussain, which was described by TC Rooney when granting this licence as remaining ‘by the finest of margins’ was now lost.
Mr Hussain had failed to have a TM in place since at least 14 November 2016, the date of a letter received by the OTC from Beverley Brown resigning immediately her appointment as the TM. He had also failed to produce the evidence of his financial standing required by the letter calling him to the PI. Further, in his letter of 23 March he stated that he had lost all his school contracts and was without means to pay bills. He had not notified the TC of that material change before 23 March.
She reserved decision on possible disqualification until a decision was made relating to the good repute and professional competence of former TM Beverley Brown, noting the admissions made by Mr Hussain in his letter of 23 March, that he had made many failings ‘by not listening to my transport manager or supplying her with documentation requested’, and that he had ‘constantly ignored advice and requests from my transport manager thinking I am doing things correctly and thinking I know best’.
It was clear from the previous decision of TC Rooney that Mr Hussain was made very aware of the reliance put by the TC on a TM to manage the transport operations. Despite that he had now admitted that he prevented or obstructed his TM in carrying out her duties, and failed to act on her advice.
