AFS Scaffolding Ltd has lost its operator’s licence for commercial vehicles after it received an unfair competitive advantage over other businesses
The traffic commissioner for Scotland, Claire Gilmore, has disqualified AFS Scaffolding Ltd and its director for five years after 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.
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 require a valid licence to run commercial vehicles over 3.5 tonnes and must meet certain standards to keep that licence.
AFS Scaffolding Ltd’s application for an operator licence was considered at an inquiry before the deputy traffic commissioner for Scotland in February this year, following allegations that it had been using a vehicle unlawfully.
Findlay gave assurances to the deputy commissioner that the unlawful use had been infrequent and happened as a result of error rather than a deliberate attempt to avoid the licensing regime. After considering the application in detail, the company was told it could start running vehicles on 29 March.
However, evidence gathered by the DVSA revealed the company had continued to use the vehicle and comprised road safety before its operator’s licence came into force.
In evidence, Findlay said one of the journeys was an emergency job to stabilise someone’s chimney. He told the deputy traffic commissioner that the vehicle had been parked up for a lengthy period prior to the licence being granted, but inspections revealed it had travelled over 10,000km between December 2018 and March 2019, when the company did not have a licence.
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, Gilmore said she was unable to rely on the Findlay’s evidence.
