In a recent decision, the Deputy Traffic Commissioner for Western England, Fiona Harrington, refused the application for a restricted goods vehicle operator licence submitted by Team Pro Scaffolding (SW) Ltd. The refusal was primarily based on the company’s unauthorised operation of heavy goods vehicles (HGVs) without the necessary licence, raising significant concerns about its fitness to hold such a licence.
Despite not possessing an operator’s licence, Team Pro Scaffolding (SW) Ltd engaged in the operation of HGVs. Automatic Number Plate Recognition (ANPR) data revealed extensive vehicle movements, indicating significant unauthorised operations. Additionally, a Driver and Vehicle Standards Agency (DVSA) encounter on 7 November 2024 found a company vehicle without a valid MOT since May 2024. The driver was also found to possess two digital tachograph cards, suggesting potential breaches in recording driving activities.
Mrs. Heather Sullivan, the sole director and shareholder of the company, claimed she did not authorise the unlawful use of the vehicles and had repeatedly warned her husband, Mr. Daniel Sullivan, who managed the scaffolding operations, about the consequences of unauthorised use. DTC Harrington went onto say the Mrs Sullivan had made statements and offered evidence that was untrue.
Decision of the Deputy Traffic Commissioner
Considering the extent of unauthorised operations and the director’s inability to prevent them, the Deputy Traffic Commissioner concluded that Team Pro Scaffolding (SW) Ltd failed to demonstrate its fitness to hold an operator licence. Consequently, the application for the restricted goods vehicle operator’s licence was refused under section 13B of the Act.
DTC Harrington said: “I find that the substantial extent of the vehicles’ movements shown by the ANPR data is such that Mrs Sullivan must be considered to be complicit in the continued unauthorised operations or, at best, unable to control the acts of her husband despite her role as the sole director and shareholder.”
“In the circumstances I am not satisfied that an undertaking promising his lack of involvement in the transport activities under the licence if granted is meaningful.”
She added: “There is a serious risk and concern that any user operating illegally for the purposes of operator licensing, and prepared to lie to the enforcement authorities, is prepared to cut corners in many other ways.
“The applicant has failed to demonstrate to my satisfaction that it can be trusted with entry into the industry and is not fit to hold the restricted licence applied for, even for a single vehicle.”
Operating large goods vehicles without the appropriate operator’s licence is illegal and undermines the regulatory framework designed to ensure vehicle safety and fair competition among compliant operators. Such illegal operations raise concerns about the operator’s willingness to adhere to other regulatory requirements, potentially compromising road safety and operational standards.
