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Operation branded 'danger to the public'
Page 27
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THE TRANSPORT Tribunal has rejected an appeal against revocation by LC Mistry Haulage of Leicester and upheld the finding that director and transport manager Lallubhai Mistry had lost his repute. However. the Tribunal has directed that an order that Mistry should not hold the post of transport manager for at least two years be set aside.
The company held a licence for two vehicles and had been called before Eastern Deputy Traffic Commissioner Mary Kane because of concern over vehicle maintenance and convictions for drivers' hours and tachograph offences.
In revoking the licence. the DTC said Mistry was not up to date with what he should be doing as a transport manager, having relied on his qualification under 'grandfather rights' claimed in 1986 but not supported by working in that role between 1975 and 2005.
She added that it was a very serious case involving a director who did not know what he was doing and convictions against both Mistry and another driver, which had not been notified to the TC.
It was argued before the Tribunal that neither Mistry nor the company had been disqualified, and that Mistry could take a training course and qualify for a CPC by examination within a reasonably short period of time. The Tribunal said it was a clear case of professional incompetence in a transport manager. It was very surprised that the company and Mistry had not been disqualified from holding an 0-licence because the entire operation was ''obviously a danger to the public".