A Dundee scaffolding company ‘s repeated traffic violations posed a “significant” risk to public safety.
The Traffic Commissioner for Scotland Claire Gilmore disqualified AFS Scaffolding Ltd and its director Ross Findlay from operating commercial vehicles for five years for repeated unlawful use of a vehicle.
The industry regulator concluded AFS Scaffolding Ltd poses “a significant risk to road safety” and that director Ross Findlay “deliberately and repeatedly” operated a vehicle without the required operator’s licence.
Ms Gilmore’s decision follows a public inquiry into the business, which looked at the company’s illegal use of a vehicle before it was given an operator’s licence.
Businesses are required to hold a valid licence to run commercial vehicles over 3.5 tonnes and must meet certain standards to keep it.
AFS Scaffolding Ltd’s application for an operator licence was considered at an inquiry before the Deputy Traffic Commissioner for Scotland in February, following allegations that it had been using a vehicle unlawfully.
Mr Findlay gave assurances unlawful use had been infrequent and happened as a result of error rather than deliberate attempts to avoid the licensing regime. The company was told it could start running vehicles on March 29.
Evidence subsequently gathered by the Driver and Vehicle Standards Agency (DVSA) revealed the company had actually continued to use the vehicle unlawfully before its operator’s licence came into force.
In evidence at the latest public inquiry, Mr Findlay, the company’s sole director, said one of the journeys was an emergency job to stabilise someone’s chimney.
He told the Deputy Traffic Commissioner the vehicle in question had been parked for a lengthy period prior to the licence being granted but inspections revealed it had travelled more than 10,000km between December 10 2018 and March 25, when the company did not have a licence.
Follow our special series at www.thecourier.co.uk/tay
Other concerns raised at the inquiry related to vehicle safety standards, including a vehicle that was not checked properly and sent out with a tyre worn below the legal limit. The defect was categorised as safety critical.
In a written decision following the inquiry, the Traffic Commissioner said she was unable to rely on Mr Findlay’s evidence.
“[He] knew he needed a licence to operate, and also that the licence granted by the Deputy Traffic Commissioner did not come into force until March 29 2019. He therefore deliberately and repeatedly operated the vehicle without a licence,” she wrote.
“Unlawful operation for such a lengthy period undoubtedly resulted in this operator gaining an unfair competitive advantage.”
She added that it was a serious case involving breaches of trust which went to the heart of the licensing regime.
The disqualification orders against AFS Scaffolding Ltd and Mr Findlay will prevent them from applying for or holding an operator’s licence until September 2024 at the earliest.
Mr Findlay told the Commissioner disqualification would mean his business would have to close.
She said she was not convinced this is the case but said it would be “appropriate and proportionate” for the operator to be out out of business given the severity of the offences.
Mr Findlay was unavailable for comment.
