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Ignorance accepted for unlicensed farm tractor
Page 27
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An agricultural tractor found to be hauling non-farm loads is returned to its operator because he did not know it needed an 0-licence.
AN OPERATOR has won the return of an agricultural tractor towing a trailer adapted to carry skips which had been impounded by VOSA.
Chatburn-based Clithcroe Skip Hire's vehicle had been impounded on 11 March at the Pendle Trading Estate, Clitheroe, beca use it was being used without licence authority.
North Western Traffic Commissioner Beverley Bell was told that last October director Ian Anthony had been warned he might be prosecuted for using a two-axled rigid without licence authority. In January the agricultural tractor was seen carrying a skip — Anthony said he did not realise it needed an 0-licence but was told by a traffic examiner that one was required.
Senior traffic examiner Mark Parrish said that in his view if an agricultural tractor was used Ibr a goods carrying operation not connected with agriculture it became a goods carrying vehicle.
Appearing for the company, Basil Dearing said that an 0-licence had now been applied for — if the tractor was returned the company planned to sell it.
Parrish accepted he had no reason to believe the company wanted it back for an illegal purpose. He did not believe the company had been issued with a written warning that an 0 licence was required; with hindsight he should have sent Anthony an advisory letter.
Anthony said the man who sold them the adapted tractor and trailers had told him that the tractor could legally be used on a road without an O-licence.Since March the business had been using vehicles and drivers hired from the same man,who held an 0-licence.
Degree of fault When Anthony bought the business two years ago he had not known anything about 0-licensing.He initially used a 7.5-tonner but decided to move to an agricultural tractor as it was more manoeuvrable and cheaper to operate.
Each time it was stopped he asked to see the law in writing and he had still not seen anything. The tractor was worth between .0,000 and £.8,000 and the trailer between £2,000 and £3.000.
Returning the tractor and trailer, on the grounds that the company was unaware it was being used or had been used without licence authority. the TC said it had been a very close call. It was regrettable the advice given by VOSA was not followed up in writing.
Though she was satisfied there was a degree of fault on Anthony's part she was not satisfied it was sufficient to refuse the return of the tractor and trailer. •