A deputy traffic commissioner has ordered that the owner of a haulage firm whose vehicle crashed through a central reservation and killed two men should never be allowed to operate HGVs again in the UK.
DTC Mark Hinchliffe said “a message has to go out” to the industry that firms and directors who secretly or illicitly acquire and abuse operator licences will result in “firm and resolute action”.
Last week, haulage boss Michael Holgate was jailed for 15 years for manslaughter and causing death whilst uninsured after one of his drivers lost control of a 30-tonne artic carrying a static caravan on the M62 in April 2018 and collided with a car.
The HGV driver, Jack Beston, pleaded guilty to causing death by dangerous driving and was jailed for six years.
Holgate, plus associates Fay Andrew, Graham Holgate and David Radford, appeared before the DTC at a public inquiry in 2019, but publication of the decision was delayed until after the court case.
Hinchliffe said all of the above were now disqualified indefinitely and that if any of them are a director or hold a controlling interest in any company that holds a licence, then that company would be liable for suspension or licence revocation.
In addition, Michael, Graham, David and Terence Hebden were disqualified indefinitely from acting as transport managers.
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The PI head how Michael Holgate was director, transport manager and driver of several haulage firms in East Yorkshire and had connections with a string of others, including RM Group Hull, RM Leisure Homes and GHD Transport.
Vehicles were registered against the licences of other operators – fronting – and there were a large number of serious issues racked up against the operators, including drivers’ hours violations, disregard for safety and maintenance, no operator licences displayed in the windows, uninsured drivers, unsafe loads and fabricated invoices.
In his judgment, DTC Hinchliffe said: “A message has to go out that an entity secretly or illicitly acquiring and then abusing an operator’s licence or vehicle and trailer authorisation, or an entity allowing this to happen, will result in firm and resolute action all round.
“Whilst I cannot put the clock back to before 3/4/2018, I can do what I believe is necessary today to protect the public and motorists in the future, and to ensure that law-abiding operators are not unfairly defeated by competitors who disregard the laws protecting drivers and road users, and that are there to ensure a level commercial playing field.
“Great harm has already been done,” he added, “the sort of harm that an effective regulatory system is intended to prevent.
“The history shows that, without enforceable impediments in place, it is more than likely that convoluted efforts will again be made to try and circumvent the regulatory regime,” he added.
“In terms of the drivers’ hours offending, the acquisition of unused or underused operator licences, the exploitation of more vulnerable operators, and the manifest disregard for public safety on the roads, and also for fair competition in the industry – it is obvious to me that, with the Holgate family and those that they have tempted into collusion, unacceptable conduct will persist, as it continued to do despite earlier action by TCs - unless it is permanently stopped.”
