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Tribunal overturns revocation but halves fleet licence

13th July 2006, Page 34
13th July 2006
Page 34
Page 34, 13th July 2006 — Tribunal overturns revocation but halves fleet licence
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THE TRANSPORT Tribunal has quashed a licence revocation, citing long delays between hearings and the poor quality of maintenance evidence as its reasons for not upholding the TC's decision.

Oldham-based Stephen Holt, trading as Safe Hands Removals, had been disqualified from holding or obtaining an 0-licence, until such time as he demonstrated that he was of good repute, because of maintenance problems and the use of more vehicles than was authorised.

However, the Tribunal directed that his licence be cut to two vehicles from four, and has accepted undertakings from Holt that he will operate within the limits of the licence.

Holt held a licence for four vehicles and had been seeking an increase to 10 at a public inquiry before the North-Western Deputy Traffic Commissioner Patrick Mulvenna.

On the first day of the hearing, in June 2005, the DTC was told that three immediate prohibitions, two of which were S-marked, and four delayed prohibitions had been imposed on Holt's vehicles. The DTC adjourned the proceedings for a further maintenance review.

When the hearing resumed in February, the DTC was told there were still shortcomings in the maintenance systems, and there was no overall improvement in the arrangements. An investigation had revealed a number of drivers' hours offences and that Holt was operating more vehicles than he was licensed for.

Holding that Holt had lost his repute, the DTC considered the continued operation of the licence would pose a serious threat to road safety (CM March 16).

The Tribunal said the long delay between the two hearings was most unfortunate, Without current evidence about vehicle maintenance, the Tribunal could not see how the DTC could reach conclusions about maintenance at the date of the second hearing.

Tags

Organisations: TRANSPORT Tribunal
Locations: Oldham