The one-vehicle international licence held by Bolton-based Michael Whitfield was “a disaster from beginning to end,” said Traffic Commissioner (TC) Simon Evans, when he revoked it with immediate effect and disqualified Mr Whitfield from holding or obtaining a PSV O-Licence for 12 months.
The TC also disqualified Mr Whitfield’s Transport Manager (TM) Maurice Dale from acting as such indefinitely.
Mr Whitfield and his TM had been called before the TC at a Golborne Public Inquiry. Mr Dale failed to appear.
After the TC had said that no financial evidence had been produced, Mr Whitfield said that his finances had dwindled as he had ceased operating in August.
The TC said that the operating centre was Cawdor Street, Bolton, Mr Dale’s address. Mr Whitfield had been invited to a new operator’s seminar after the licence was granted in April 2017 but failed to attend.
A Vehicle Examiner visited him on 8 August and reported he could not find anyone or the vehicle at the operating centre. He also stated that the TM had no input or control; Mr Whitfield was unable to produce any maintenance records, and though he said that inspections were carried out, the six-week frequency had been extended; the maintenance contractor was not an expert in PSV matters; and there were no arrangements for checking wheel security or brake testing.
Mr Whitfield said that he had not spoken to Mr Dale for about three months after he had telephoned him to say he did not want to do his work anymore.
Mr Dale had a taxi firm and his intention had been to work alongside him. However, the work was not what Mr Whitfield wanted. Mr Dale had been sending him to the airport very early in the morning for £30 to £40, taking two or three people in his 17-seater minibus, when he really wanted full-day work. He had put a few adverts out and he had got some work of his own. He was studying to take the TM’s exam.
After the TC stated that the TM form said that Mr Dale had a contract, Mr Whitfield denied that was so, saying he had signed the form without reading it properly. Mr Dale had been paid 10% of what he received for the work.
The TC said that that sounded like commission rather than a payment for acting as TM.
Questioned further, Mr Whitfield said the vehicle had only been parked at Cawdor Street once. It was four miles away and it made more sense to keep it at home. He had applied in August to keep it at home after the VE’s visit.
Mr Dale did not do any work as his TM. He could not see what there was for him to do with one vehicle. He agreed the digital tachograph had never been downloaded.
In his decision, the TC said that there was a litany of shortcomings and serious failings.