Director Attempts to Shift Compliance Failings to Transport Manager

Introduction

Transport operators and compliance professionals must understand the importance of maintaining proper management and operational standards. Failure to comply with legal requirements can result in serious consequences, including disqualification and licence revocation, as demonstrated in a recent case involving a Staffordshire haulier.

Case Overview

Darren Sheen, the sole director and transport manager of Fusion Engineering (Staffordshire), was disqualified for two years following prolonged breaches of transport legislation. The breaches included inadequate maintenance inspections, poor driver defect reporting, insufficient emissions control, and a lack of evidence regarding load security. Sheen did not attend the public inquiry or a subsequent hearing concerning his role as transport manager. Despite his absence, Deputy Traffic Commissioner Dr Paul Stookes proceeded with both inquiries.

Examination Findings

The firm held an international operator’s licence authorising four lorries and six trailers as of 2021. The investigation by the Driver and Vehicle Standards Agency (DVSA) began after one of the company’s vehicles received an S marked prohibition due to cab step damage.

Further inspection revealed systemic shortcomings in the operator’s maintenance and compliance systems. There was little evidence to demonstrate effective load security measures.

Former transport manager Peter Southwell attended the public inquiry and confirmed his resignation in December 2024. He acknowledged that some missing periodic maintenance inspection (PMI) records dated from his tenure but stated he struggled to manage systems effectively because Sheen retained all relevant paperwork. Southwell admitted he should have been more assertive in his role.

Regulatory Decision

Sheen argued that he was not responsible for many of the compliance failures as he was not the transport manager at the time they occurred. However, the Deputy Traffic Commissioner emphasised that as the company’s sole director and current transport manager, Sheen held ultimate obligation.

Dr Stookes stated: “One of the difficulties appears to be that Mr Sheen, as the operator’s sole director and the current transport manager, does not appear to have understood the full nature and extent of his responsibilities. He has sought to suggest that they were not his fault as he was not the transport manager at the relevant time. It is unacceptable in trying to pass the blame onto another. ”

As an inevitable result, the operator’s licence was revoked, and Southwell received a formal warning.

Practical Advice from Mi Compliance

This case highlights the critical importance of clear accountability and robust management systems within transport operations. Directors and transport managers must fully understand their responsibilities and ensure that all compliance documentation and maintenance records are properly maintained and accessible.

Mi Compliance recommends regular internal audits and clear communication channels between directors, transport managers, and drivers to prevent compliance failures. For further guidance or support, transport operators and compliance professionals are encouraged to contact Mi Compliance.

Contact Mi Compliance

Source: https://www.commercialmotor.com/news/article/director-tried-to-pass-blame-of-compliance-failings-onto-transport-manager