AN “INCOMPETENT” manager who “clearly does not understand the law” has been disqualified from taking on a similar role indefinitely.
Richard Gibbons was the transport manager at Pro Drainage Limited, based in Throop Rood, Bournemouth, until May.
Pro Drainage unblocks drains across the country and has done work for the NHS, Papa John's and Harvester.
Examinations from DVSA officers found several failures to comply with the law, including around inspections of the fleet of vehicles, driver licensing, training and record keeping of driver hours.
Drivers were found to be working on duty for periods of up to 18 hours and working up to 19 consecutive days, a public inquiry found.
Traffic Commissioner Kevin Rooney said in a report that “in many ways, Richard Gibbons is the author of much that has gone awry here”.
He said: “Mr Gibbons clearly does not understand the law at all. He confuses the exemption of a vehicle type from being needed to be fitted with a calibrated tachograph at MOT with the scope of the domestic drivers' hours rules.”
The commissioner said the former transport manager at Pro Drainage had “set up dangerous and illegal working practices” before withdrawing from the operation two years ago.
“But [he] allowed the operator to continue to benefit from his qualification through payment of a 'retainer',” Mr Rooney said.
“He knew he was wrong to do so. That is a straightforward dishonest act that prevented this operator from coming under scrutiny much sooner.”
Mr Rooney described Mr Gibbons as “incompetent as a transport manager and devoid of any of the necessary hunger for compliance”.
“He has been entirely dishonest because, as he told me, he needed the money,” Mr Rooney added. “I find his good repute as transport manager is lost.
“I cannot think of anything that could correct the toxic combination of lack of knowledge, attitude and honesty.”
Transport manager Benjamin Oxley was also scolded by the Traffic Commissioner, saying he “simply accepted what he was told” about the drivers' hours position.
Mr Rooney said: “Having been advised in the strongest terms of the need to ensure drivers had proper rest in April 2024, the situation persisted up until the inquiry.
“The obvious fatigue could easily have led to a serious crash and potentially death. It is the transport manager’s job to ensure compliance and that has to start with knowing what the rules are.
“I find that Mr Oxley is also devoid of that thirst for compliance that is so essential in a transport manager.
“He has simply not been up to the job. His good repute as transport manager is lost. He is not a hopeless case, however. The public inquiry will have been a wake-up call to him.”
Mr Oxley, who joined the operator in November 2022, was disqualified for 12 months.
Mr Rooney said it is “hard to find” any positives but noted Pro Drainage's condition of the maintenance systems provided at the inquiry - “it really is night and day compared to April”.
Company directors Kelly Grundy and Mark Grundy, as well as Pro Drainage Limited, have each been disqualified from applying for or holding an operator’s licence in any traffic area for three years.
Kelly Grundy, who is still a director at the firm, told the Echo: "At this time, our case is awaiting an appeal, which means we’re limited in what we can discuss publicly.
"We are fully committed to a fair and thorough resolution, and we have confidence in the legal process to provide an accurate and comprehensive review of the facts.
"Pro Drainage Group have multiple divisions which are run by different management teams. All management of the Tanker division have been relieved of their duties.
"All other divisions are fully operational and we would like to reassure our community and customers, that we continue to provide high standards of integrity, transparency, safety and compliance.”
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