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Licence saved after appeal
Page 29
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An Oldham haulier has won a partial victory in his appeal against the revocation of his Operator's Licence, when the Transport Tribunal ruled that instead his licence should le cut by two vehicles.
Stephen Garforth, trading as Ainsdale Transport, orieltally had his licence or seven vehicles and seven trailers 'evoked after North Western Traffic Commissioner Beverley loll concluded that he had a cavalier approach to the 0icensing legislation (CM2B March-3 April 2002).
This followed evidence from a traffic examiner that an ixamimation of tachograph charts had revealed speed urnter problems with five vehicles and a number of breaches of he drivers hours and tachograph rules.
In addition, driver Graham Foster had created two false .ecords and had driven while disqualified. Though Garforth lad a copy of his driving licence, Foster had failed to inform the firm that he had been disqualified from driving.
Bell criticised Garforth for "a tack of transparency" in lot volunteering that Foster had since been re-employed.
Quashing the revocation order, the Tribunal said it was Aar that the Vehicle Inspectorate had been in possession of Fosters correct address and could have passed it on to the police for further investigation.
This was not dependent upon further information.
In any event, it added. Garforth's solicitor, James Backhouse, had said that he had been given a detailed
account by Garforth who then acted on his advice. The tribunal found that the
TO had misdirected herself in finding that there was a "lack of transparency" based on that incident.
It added that in view of the length of time over which the investigations were carried out, and the improvements that Garforth had since put in place, it had decided that the appropriate penalty was to reduce the licence to five vehicles and seven trailers.