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FTA: Scots ruling is based on a mistake
Page 6
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Can a Scottish judge overrule the Transport Tribunal? Chris Tindall reports.
THE FREIGHT' TRANSPORT Association has raised doubts over the legality of a landmark ruling in a Scottish Court after it was revealed that the judge involved might have assumed that the two operators involved were Scottish. Montana Freight Services and Pallas Transport, based at the same site in Durham, won a suspension of Traffic Commissioner Tom Macartney's (pictured) decision to revoke their licences when their case was heard before Lord McEwan (CM 12 August).
Macartney decided both firms had lost their repute following a raid by Customs. police and VOSA.
McEwan's ruling lays the foundations for an appeal to be heard — something that the Transport Tribunal refused to do in June.
Alec Hayden, head of TransConsult, who is helping the two firms fight the case, claimed the decision meant they were now under Lord McEwan's jurisdiction and could operate legally without an 0-licence.