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Appeal over suspension upheld
Page 24
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Horsham-based Andrew Mason has successfully appealed against the suspension of his 13-vehicle licence for a week by the South Eastern & Metropolitan TC Christopher Heaps.
The It suspended the licence after being told that an examination of his tachograph records showed that vehicles were being kept on a regular basis at unauthorised operating centres. He also took account of a number of prohibition notices and convictions. All but one of the vehicles were specifically designed to transport and mix concrete, with the majority of these on contract to Hanson Premix which was entitled to ask for vehicles to work anywhere, at any time. Mason, who trades as Mason Haulage, explained that occasionally Hanson would ask for vehicles to be based at different depots on a short-term basis. Sometimes contracts would run on, and he was currently applying for three additional operating centres.
At the conclusion of the hearing, the TC Indicated that it was unlikely he would revoke the licence. However, in a written decision, he proposed suspending the licence for a week and invited representations about the possible consequences of any sanction. As a result, transport consultant James Duckworth wrote to say suspension of the whole fleet for a week would have a devastating effect on Mason's operation, which could put him out of business altogether. The loss of his fleet would remove nearly half the vehicles used by Hanson in the South, with the subsequent risk that they would terminate the contract.
Quashing the suspension order, the Transport Tribunal said the convictions were for technical offences. which endangered no one and did not justify disciplinary action.
With regards to unauthorised use of operating centres, it would be difficult for the operator, faced with a contract which was continuing for longer than expected, to decide at which point he must apply for a variation in the licence.
It was essential for the TC to explain why. given that a suspension could end the business, a week's suspension was nevertheless appropriate and proportionate. In the Tribunal's view, suspension would prove to be neither.