Waste Director Disqualified by Traffic Commissioner
Jordan Myles Pointon, director of JMP Waste and Transport Services has had his standard international goods vehicle operator’s licence revoked by the Traffic Commissioner.
DVSA Investigation
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
Public Inquiry
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:
Click here to view the decision.
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.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
