Warning for scaffolding firm after public inquiry

The director of a business who created his own version of the operator licensing regime has been told that his behaviour was “self serving” by Scotland’s

The director of a business who created his own version of the operator licensing regime has been told that his behaviour was “self serving” by Scotland’s Traffic Commissioner.

Michael Lally, director of T & M Contracts Ltd, was called before Joan Aitken after an investigation found the company had been operating two vehicles when it was only allowed to run one.

Vehicle and Operator Services Agency (VOSA) examiners revealed that the business, which has bases in Wishaw and Cleland, was also using a site without permission, while one of their employees was stopped driving a vehicle even though he did not have a licence.

The VOSA officers also told Miss Aitken they also found he was not using a tachograph to record his duties – a legal requirement – and that the vehicle was not displaying a tax disc or operator licence disc.

In addition, the firm had no systems in place for checking whether employees were meeting the drivers’ hours regulations and working time directive.

Michael Lally told the Traffic Commissioner he had taken over the business from his father and admitted he should have given his drivers training. He had not known the driver without a licence was operating a vehicle that day. He also promised to give priority to his operator licence responsibilities now and had undertaken training courses.

But Miss Aitken said he had paid “scant heed” to advice and the wording of letters sent to him by the Central Licensing Office, which deals with licence administration. Staff from the office advised him that the business needed to apply to use an extra vehicle. The Traffic Commissioner found that Mr Lally had amended paperwork issued by the CLO relating to his licence details.

“He ignored reminders and advice that he was required to put in a variation application. He ignored two invitations to a VOSA seminar.

“Mr Lally and his company have used extra vehicles in excess of lawful operation and the standards of compliance under the existing authorisation and the existing licence have been woeful.”

Issuing a warning against the licence, Miss Aitken also said the company would not be able to expand to three vehicles for one year, after allowing one extra vehicle to be authorised.

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