TRAFFIC COMMISSIONER FOR SCOTLAND

GOODS VEHICLES (LICENSING OF OPERATORS) ACT 1995

ALISTER CLARK T/A A CLARK -OM 34073

DECISION OF THE TRAFFIC COMMISSIONER

Background

1. Alister Clark who trades as A Clark from Dalchirach Farm, Ballindalloch, AB37 9EA has held a standard international goods vehicle operator licence since 1 June 1995. Latterly, the authorisation under the licence was for 2 vehicles. Mr Clark was his own transport manager (and transport manager on other licences with which this decision need not be concerned as those other operators have applied to nominate others in his place.)

2. Following press reporting I became aware that Mr Clark was being prosecuted in relation to a fatality which occurred on 19 October 2008. My office was able to obtain details from the High Court of Justiciary. Thus, I learned that Mr Clark was indicted and had been found guilty to an amended indictment which charged him as undernoted.

"On 19 October 2008 on a road or other public place, namely the A95 Aberlour to Grantown Road, near Bridge of Avon, Ballindalloch, Moray you ALISTER CLARK did cause the death of Stuart Reid, formerly residing at 4 School Place, Dulnain Bridge, Grantown on Spey by driving a mechanically propelled vehicle, namely motor tractor registered number SV54 BVD, dangerously and did drive said motor tractor while towing a converter dolly, serial number 03521271 to which was attached, by means of a fifth wheel coupling attached to said converter dolly, a tandem axle semi trailer serial number 15296873, in circumstances in which it would have been obvious to a competent and careful driver that driving said vehicle in its current state would be dangerous and in particular did;

(a) fail to properly attach said dolly converter to said semi trailer and in particular fail to ensure that the king pin on the said semi trailer had engaged with the said fifth wheel coupling attached to said converter dolly;(b) drive said vehicle without having ensured that the said semi trailer was properly attached to the said converter dolly in a manner in which said semi trailer could not become detached from said converter dolly;, and said semi trailer did so detach;(c) drive said vehicle without connecting the air braking systems on said dolly converter and said semi trailer to said motor tractor and when said air braking systems were so defective as to be incapable of operating as a result of which the emergency brake which should have engaged when said semi trailer detached from said converter dolly failed to do so;

and/

and as a consequence thereof, after detaching from said dolly converter, said semi trailer crossed to the opposing carriageway where it collided with motor vehicle registered number SB51 YYM, then being drive n by said Stuart Reid, whereby said semi trailer and said motor vehicle registered number SB51 YYM were damaged and said Stuart Reid was so severely injured that he died; CONTRARY to the Road Traffic Act 1988, Section 1".

3. Mr Clark was convicted on 9 June 2010 and sentenced on 30 June 2010. The sentence was of imprisonment for two years and a disqualification from holding or obtaining a driving licence for 3 years with the requirement to sit the extended test.

4. On 29 June 2010, Mr Clark applied to my office to surrender his goods vehicle operator licence. I declined to accept surrender as I considered that the information I had was such that I had to consider his repute and professional competence. A failure to do so could leave Mr Clark free to apply for an operator licence on his release or to offer his services as a transport manager. Thus, a letter dated 17 September 2010 was sent to Mr Clark care of the Governor of HM Prison, Edinburgh indicating that surrender had not been accepted and that I was considering revoking the licence on grounds of loss of repute, professional competence and material change. The letter invited his representations and of his right to ask for a Public Inquiry. There was no reply.

5. I have considered the terms of the indictment and the information available within press cuttings which is not at odds with the indictment. The narratives available to me indicate a level of omissions in relation to the roadworthiness of the motor tractor and trailer combination and a recklessness as to their safe use which I would not expect in a goods vehicle operator. The conviction strikes at that repute and at his professional competence. The licence has to be revoked, no other decision being proportionate or appropriate in the circumstances. I have to consider whether to use my powers to disqualify. Given the seriousness of the incident and the failings leading to it, I have to conclude that revocation by itself is insufficient and that I must disqualify Mr Clark from applying for or holding an operator licence in this Traffic Area or any other. I am at a disadvantage in that I have not heard any representations from him. Gauging an appropriate period is difficult. I will make it indefinite. The practical consequence of that is that Mr Clark will have to apply to me to remove the disqualification and we can then consider matters in detail and I (or any Deputy) will have the benefit of listening to him and considering any evidence he brings as to his rehabilitation or whatever. He cannot offer himself as a transport manager on any licence given the loss of repute.

DECISION

6. The goods vehicle operator licence is revoked in terms of sections 26, 27 and Schedule 3 of the Goods Vehicle (Licensing of Operators) Act 1995 with indefinite disqualification in terms of section 28.

Joan N Aitken SSCTraffic Commissioner for Scotland1 November 2010