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P CASE THREE

11th December 2008
Page 30
Page 30, 11th December 2008 — P CASE THREE
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Maintenance failings Lead to rejected plea

THE TRANSPORT Tribunal has refused an appeal against a decision cutting a haulier's licence from two trucks to one, rejecting a plea that this would cause severe economic loss. It ruled that a failure to keep undertakings and persistent unauthorised vehicle use were too serious to ignore, Halifax-based David `Rimer, trading as DT Services, had his licence cut by North Eastern Deputy Traffic Commissioner Mark Hinchliffe.

In January 2007, Turner's licence was suspended for a period and he gave a number of undertakings relating to vehicle maintenance. He was again called before the DTC after seeking to increase his licence to four vehicles. The DTC was told that an immediate prohibition and a delayed prohibition had been issued since January 2007, inspection intervals had become extended, the written drivers' defect reporting system was not being carried out daily, the two-year tachograph calibration check was out of date on one vehicle, and that three vehicles rather than two had been frequently operated.

Turner accepted that he had not kept the undertaking regarding inspection intervals, saying that he had been distracted by a criminal attack requiring hospital treatment and a road accident in which he had been the innocent victim. He now had a secretary who would assist in management and an ex-senior traffic examiner had agreed to review the drivers' hours and tachograph monitoring systems and provide any necessary training.

In refusing the additional vehicles and cutting the licence, the DTC said that the previous suspension had clearly not succeeded in persuading Turner of the importance of scrupulous and meticulous compliance.

Before the tribunal, Hywell Jenkins, for Turner, argued that the authorisation of only one vehicle would not only cause severe economic loss, but would put him out of business, which was not what the DTC had intended.

The tribunal said that in view of the serious breach of undertakings and the persistent unauthorised use, Turner had done well to survive before the DTC and be able to continue to operate.

Tags

Organisations: TRANSPORT Tribunal
People: Mark Hinchliffe
Locations: Halifax

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