The Traffic Commissioner for the West Midlands, Miles Dorrington, expressed his dismay at a recent public inquiry, describing it as the most flagrant case he has encountered since assuming his role in 2008. The case involved Maxwell Nyamukapa, the director, transport manager, and driver for J. Max Transport Ltd.
During the hearing, Commissioner Dorrington learned of Nyamukapa's 35 convictions, which included 20 instances of knowingly creating false records and 15 failures to maintain records. Nyamukapa acknowledged his deliberate falsification of records, attributing his actions to financial pressures caused by rising fuel costs linked to the conflict in Ukraine.
However, the Commissioner emphasised that despite similar challenges, most operators adhere to regulations, with some even ceasing operations rather than compromising compliance. Nyamukapa's actions were judged as a severe breach of trust, leading to a five-year disqualification from acting as a transport manager. This decision reflects the gravity of his actions, the potential threat to road safety, and the unfair competitive edge he gained.
Additionally, Nyamukapa is prohibited for five years from holding or obtaining any operator’s licence in any traffic area, serving as a director or partner in firms seeking or holding such licences, or being a majority shareholder in related companies. His LGV and provisional PCV driving entitlements were also revoked, and he is barred from obtaining these for three years.
Commissioner Dorrington concluded by stating his intention to involve the DVSA to ensure compliance with his rulings, warning of potential criminal prosecution and vehicle impoundment for any violations.
For more detailed information about the case, please refer to the full report.
