Non-disclosure
In a recent public inquiry before Deputy Traffic Commissioner Nick Denton, Armson Engineering Ltd applied for a restricted goods vehicles operator licence for one vehicle but the case was not as it seemed.
The sole director of this company is Thomas Armstrong, but the application failed to mention his previous involvement with a company that held an operator鈥檚 licence and that this company had had a previous application for a standard national licence refused.
Mr Armstrong failed to declare that he had been a director of a company, Pipetawse Ltd, that had gone into liquidation. Due to these discrepancies, the commissioner chose to hear the application at a public inquiry. He was also concerned that the company might already be using the 7.5 tonne vehicle it had declared on the application and wished to seek clarification as to how the company had been meeting its transport needs since incorporation in March 2020 (shortly before Mr. Armstrong鈥檚 previous company entered administration).
The commissioner moved the inquiry by a day to accommodate the holiday that Mr. Armstrong had booked, but on the afternoon of the day before, he received an email describing the need to travel 200 miles to and from the inquiry and waste fuel and time as 鈥渞idiculous鈥�. Ms Armstrong (the company secretary) believed that there was 鈥渘o reason why a licence could not be approved; all requested information has been supplied so we have nothing to add to our application鈥�. She stated that the company had now purchased two smaller vehicles which fell outside the operator licensing regime and 鈥渄o not require your rude questionings鈥�.
The deputy commissioner said 鈥溾�here are legitimate questions over the company鈥檚 failure to declare Thomas Armstrong鈥檚 previous role as a director鈥� There is legitimate concern鈥hat some of the assets may have found their way from Pipetawse Ltd to Armson Engineering Ltd with no transfer of assets declared. There is a legitimate concern as to what their vehicle has been doing while not on any operator鈥檚 licence when it had a valid MOT. Because of the company鈥檚 conduct, I cannot be satisfied that it is fit to hold an operator鈥檚 licence.鈥�
The deputy commissioner refused the application.
The decision can be found here.
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