The owners of two skip firms have been disqualified from running vehicles after one was described as having a history of non-compliance and the other was ”out of his depth”.
Kevin Thomson, of Dedridge, Livingston, received a five-year ban and Darren Whytock, of Gogarloch Skye, Edinburgh, was banned for three years after an inquiry by Joan Aitken, Scotland’s traffic commissioner.
Aitken said: “There is a history of non-compliance by Thomson going back to 2013 when he did not have the financial resources for a restricted licence, such resources being required to secure proper maintenance of the vehicles.”
Thomson went into partnership with Whytock but did not advise the commissioner’s office of the change.
“He affected to have years of experience, and used that allure to mislead others who would otherwise have sought proper advice and guidance,” Aitken said.
The commissioner said Whytock had not looked after his operator’s licence.
“He was out of his depth. In so many ways Whytock had ceded his operator licence responsibilities to Thomson. Any holder of a licence has to take the licence undertakings seriously because they are there to protect road safety and the environment and for fair competition.
“He has imperilled all of these by not looking after the licence as his own. I cannot excuse him. However this was his first encounter … and I will limit the disqualification in this case to three years.”
The report on the case indicates neither defendant being too concerned at the hearing.
About Thomson: “In response to the call up letters Kevin Thomson wrote on 14 March 2016 to say he had sold the business 13 months previously and he no longer wished to hold a licence and would be happy for it to be revoked. He said he would not be able to attend the Inquiry. He was also told I would be considering disqualification and asked for his comments on that. There has been no further contact from Thomson.”
About Whytock: “Darren Whytock was telephoned by the Inquiry caseworker on 6 April 2016 to ask if he was going to attend the inquiry and said that he was not going to do so. The caseworker’s note records that skips had not been his forte; he had been left with a massive head from the whole experience and he was back doing what he had done before and was happy with that. He was happy for the licence to be revoked.”