The Traffic Commissioner for the West Midlands recently refused an application for a standard national goods vehicle operator’s licence because it was a clear example of a ‘phoenix’ business, one that is effectively seeking to continue a revoked licence. Emily Green had applied for a licence for two vehicles. She stated that she would be operating in the general haulage sector but the central licensing unit spotted possible links with a revoked operator – Barry Taylor trading as Viking Skips. The traffic commissioner had previously found that Barry Taylor was not in fact a sole trader but was operating in partnership with Neil and Carl Green. Much worse, Viking Skips had operated four vehicles rather than the authorised two; had never downloaded driver’s tachograph cards or vehicle tachograph data; had failed to give the vehicles any kind of safety inspection beyond that at MOT; had failed to operate any kind of driver defect reporting system; and had operated a vehicle with false number plates which was out of tax and MOT. After Barry Taylor’s licence had been revoked and Mr Taylor disqualified, the traffic commissioner refused two further applications, one from a partnership of Neil Green, Carl Green and Barry Taylor and another from Carl Green trading as Saxon Skip Hire UK. He then received the application from Emily Green, who is Neil Green’s daughter. At the ensuing public inquiry, it became apparent that Emily Green intended to use vehicles transferred to her from Viking Skips and that the business would operate in waste sector, not general haulage. Traffic Commissioner for the West Midlands, Nick Denton said “If I were to grant this application, the message it would send out to other operators and the public would be that it does not greatly matter if you ignore all the rules relating to the safe driving and operating of vehicles: if your licence is revoked you can always put up a close family member to apply for a licence in your stead.” Mr Denton found that Sarah Green’s application, being an attempt to carry on the business of a revoked licence, lacked the necessary good repute. He accordingly refused it. Full details can be found here. | 