Waste Director Disqualified by Traffic Commissioner

A DVSA investigation carried out in March 2020 revealed:

• Mr Pointon operated four vehicles frequently, two more than his licence permitted
• Since he had held the licence the MOT failure rate was 75%
• There were missing inspections from the safety inspection records
• Safety inspections were carried out by Mr Pointon rather than the maintenance provider
• No evidence of brake tests
• Vehicles were being used without a corresponding driver defect report being completed
• Vehicles and trailers had been issued with 7 prohibitions in the past 3 years
• There was evidence that vehicles were being operated without being taxed and out of MOT
• One vehicle had the wrong registration plate
• No analysis of driver or vehicle unit tachograph data had taken place

​The issues raised in the DVSA investigation led to a Public Inquiry being called, which was held on 2nd September 2020. It appears Mr Pointon was very open and honest at the Public Inquiry. On behalf of Mr Pointon, Mr Woolfall accepted there had been many failings, and stated Mr Pointon had spread himself too thinly. He stated the operator was willing to offer undertakings.

Despite this, the Traffic Commissioner:

• Disqualified Mr Pointon from holding or obtaining a licence and from being the director of any company holding or obtaining such a licence until 21 October 2022 (2 years)
• Concluded Mr Pointon had lost his good repute as a Transport Manager, and as a result, disqualified him from being a transport Manager on any operator’s licence until 21 October 2023 (3 years)
• Refused the application for a restricted licence submitted by JMP Waste and Transport Services due to Mr Pointon’s record in operating his sole trader licence and given that Mr Pointon had now been disqualified from being a director for any company obtaining an operator’s licence.

Click here to view the decision.