Last year William Munro & Sons (Highland) Ltd had its operator's licence revoked by Scottish Traffic Commissioner, Joan Aitken, following a public inquiry into its vehicles' role in a number of incidents, including the death of Christina Fraser who was killed when a runaway machine crushed the car she was travelling in on the A9 four years ago.

Ms Aitken also banned Munro's directors William and David Munro from holding an operator's licence for seven years and at the time warned other people to be wary of providing a "front" for the continued operation by the brothers.

Earlier this year William's son Roderick and his wife Claire applied for a goods vehicle operator licence under the business name Munro Midland for six vehicles and six trailers at the same premises at 5 River Drive.

The traffic commissioner said that given the Munro surname, the intended operating centre and the nature of the business, it appeared to her there were connections between this application and the revoked licence held by Munro & Sons (Highland) Ltd.

The application to allow them to run a skip hire/waste transfer business was the subject of a public inquiry held earlier this month in Inverness.

The traffic commissioner issued a statement yesterday, refusing the application.

In her 14-page judgment she said that William Munro was the "controlling force and influence" behind the Munro operations.

She said, "... If I were to grant this application for all practical purposes my revocation and disqualification orders would have no effect. Thus, I would be leaving William Munro in a position yet again to control a haulage operation through the family relationship. There would be no way of enforcing any condition which required his non involvement. In any event, I cannot trust William Munro and I do not trust him not to have a continuing material influence in the direction of the Munro group of companies."

Ms Aitken said she was in no doubt that the family connections and the context in which this application was made, goes to the fitness of the applicant.

"But for him being William Munro's son, this application would not be made. The father has put the son in place," she said.

In her concluding comments the traffic commissioner said, "If I were to grant this applicant, there would be a real risk to public confidence in the goods vehicle operator licensing regime. For the message it would give would be that a revoked and disqualified person need not worry for all they have to do is to put a close family member up to apply for a licence.

"It may well be that Roderick Munro and Claire Munro are worthwhile individuals but I have no way of trusting that and I fundamentally repose no trust in the person who retains the controlling force of ownership of the Munro enterprises."

Roderick Munro told the public enquiry his father, uncle and sister would play no role whatsoever in the business. He explained he was proud of his work record and had no intention of running a poor operation.

He added the Munro Midlands business was in decline in England and he needed alternative work.

Earlier this month a sheriff ruled that the tragic death of 24-year-old Christina could easily have been avoided if Munro's had taken "reasonable precautions".

Over the last four years the details of the accident have been examined at the High Court, by appeal judges, during a traffic commissioner public enquiry and at an appeal held by the Transport Tribunal.

Munro & Sons was fined £3,750 at Edinburgh High Court in April 2008, but that was increased to £30,000 by the appeal judges.

l.bradshaw@rsjournal.co.uk

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