Five year disqualification for Dundee scaffolding firm

ADVERTISEMENT

AFS Scaffolding Ltd has lost its licence to operate commercial vehicles after it gained an unfair competitive advantage over other businesses.

The Traffic Commissioner for Scotland, Claire Gilmore, has disqualified a Dundee based scaffolding company and its director for five years following the repeated unlawful use of a vehicle.

The industry regulator concluded AFS Scaffolding Ltd poses “a significant risk to road safety” and that director Ross Findlay “deliberately and repeatedly” operated a vehicle without the required operator’s licence.

Ms Gilmore’s decision follows a public inquiry into the business, which looked at the company’s illegal use of a vehicle before it was given an operator’s licence.

Businesses are required to hold a valid licence to run commercial vehicles over 3.5 tonnes and must meet certain standards to keep that licence.

AFS Scaffolding Ltd’s application for an operator licence was considered at an inquiry before the Deputy Traffic Commissioner for Scotland in February this year, following allegations that it had been using a vehicle unlawfully.

Mr Findlay gave assurances to the Deputy Commissioner that the unlawful use had been infrequent and happened as a result of error rather than a deliberate attempt to avoid the licensing regime. After considering the application in detail, the company was told it could start running vehicles on 29 March.

However, evidence subsequently gathered by the Driver and Vehicle Standards Agency (DVSA) revealed the company had actually continued to use the vehicle unlawfully before its operator’s licence came into force.

In evidence at the latest public inquiry, Mr Findlay said one of the journeys was an emergency job to stabilise someone’s chimney.

He told the Deputy Traffic Commissioner that the vehicle in question had been parked up for lengthy period prior to the licence being granted, but inspections revealed it had travelled significant mileages. In fact, over 10,000km was recorded in the vehicle between 10 December 2018 and 25 March 2019, when the company did not have a licence.

Other concerns raised at the inquiry related to vehicle safety standards, including a vehicle that was not checked properly and sent out with a tyre worn below the legal limit. The defect was categorised as safety critical.

In a written decision following the inquiry, the Traffic Commissioner said she was unable to rely on the Mr Findlay’s evidence.

“[He] knew he needed a licence to operate, and also that the licence granted by the Deputy Traffic Commissioner did not come into force until 29 March 2019. He therefore deliberately and repeatedly operated the vehicle without a licence.

“Unlawful operation for such a lengthy period undoubtedly resulted in this operator gaining an unfair competitive advantage.”

She added that it was a serious case involving breaches of trust which went to the heart of the licensing regime.

The disqualification orders against AFS Scaffolding Ltd and Mr Findlay will prevent them from applying for or holding an operator’s licence until September 2024 at the earliest

ADVERTISEMENT

Popular Categories

Latest posts

Scaffolding sector joins April Fools’ Day with wave of industry jokes

Scaffolding companies and industry figures have taken to social media to mark April Fools’ Day, with a wide range of posts blending humour with...

Founders step away as City Access Scaffolding completes buyout

From Left to Right: Ryan Scott, Mark Skinner, and Ross Archibald

JMAC completes first acquisition with Tees Site Support deal

JMAC Industrial and Access Group Ltd has acquired a majority shareholding in Tees Site Support Ltd, marking the company’s first acquisition as it looks...

Final 20 teams confirmed for ScaffChamp 2026

The final 20 teams competing at ScaffChamp powered by Layher 2026 have been confirmed, with the last place secured after a qualification event in...

£27bn road strategy opens major pipeline for specialist contractors

The government has confirmed Roads Investment Strategy 3 (RIS3), a £27 billion programme covering England's motorway and A-road network through to 2031. A record £8.4...

NASC expands regional leadership as membership rises 40%

The National Access and Scaffolding Confederation (NASC) has announced a series of new regional chair and vice chair appointments as part of a wider...

Layher UK launches ‘Sizzle & Learn’ open morning series for 2026

Layher UK has announced a series of open morning events aimed at giving customers and partners direct access to its latest systems, product developments...

Two taken to hospital after building collapse in Oldham

Two people have been taken to hospital after a building partially collapsed in Oldham town centre. Emergency services were called to King Street at about...

Scafom-rux delivers Manchester’s tallest ground-based scaffold

In the heart of Manchester’s financial district, a major high-rise development is setting new benchmarks for construction scaffolding in the UK. For this complex...

Teen scaffolding labourer dies after fall through shaft on London site

A construction company has been fined after a teenage scaffolding labourer died in a fall from height on a London building site. Renols Lleshi, 19,...

Latest news

Magazine

Spring Issue #29 | Past issues >>

Trending now ⚡︎

Fraud gang jailed for helping candidates cheat CITB safety tests

Three men have been sentenced for their role in...

JMAC completes first acquisition with Tees Site Support deal

JMAC Industrial and Access Group Ltd has acquired a...

Scaffolding sector joins April Fools’ Day with wave of industry jokes

Scaffolding companies and industry figures have taken to social...

Final 20 teams confirmed for ScaffChamp 2026

The final 20 teams competing at ScaffChamp powered by...

£27bn road strategy opens major pipeline for specialist contractors

The government has confirmed Roads Investment Strategy 3 (RIS3),...

Related articles

Latest topics

Fraud gang jailed for helping candidates cheat CITB safety tests

Three men have been sentenced for their role in...

Scaffolding sector joins April Fools’ Day with wave of industry jokes

Scaffolding companies and industry figures have taken to social...

Founders step away as City Access Scaffolding completes buyout

From Left to Right: Ryan Scott, Mark Skinner, and Ross Archibald

JMAC completes first acquisition with Tees Site Support deal

JMAC Industrial and Access Group Ltd has acquired a...
ADVERTISEMENTS