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Tribunal rules operation a 'safety risk'
Page 25
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THE REVOCATION of the licence held by Newbigging's Robert Dunlop, and his disqualification from holding an 0-licence for five years by Scottish Deputy Traffic Commissioner Richard McFarlane, has been upheld by the Transport Tribunal.
Dunlop, who held a one-vehicle licence, had applied to change his operating centre to Hartree Grange, Lanarkshire. A traffic examiner found the site to be unsuitable because of the narrow access lane and its proximity to residential properties.
He also found that the transport manager was "in name only" and that the drivers' hours and tachograph rules were not being complied with.
Neighbouring residents told the DTC that Dunlop had been regularly parking his vehicle on private land at Hartree Grange, which the owners objected to, and that he had continued to do so despite an interdict having been obtained expressly forbidding him from doing it.
He also behaved in an objectionable and aggressive manner, which had led to court proceedings for assault.
The DTC concluded that Dunlop was not prepared to respect either the terms of his licence or the court order, and he should be put out of business.
Before the Tribunal, Dunlop said he had withdrawn his application to use Hartree Grange as an operating centre. He had a City & Guilds Certificate, which was recognised by EC rules for the transport of livestock, although he did not hold a CPC.
He added that he understood a transport manager's duties and that he only parked at Hartree when not causing an obstruction.
The Tribunal pointed out that the certificate that Dunlop held was not relevant to 0-licensing.
After asking Dunlop about the drivers' hours rules, the Tribunal said there were clear road safety issues and risks in his failure to understand and observe tacho regulations.