0-licence revocation upheld despite illness
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Tribunal upholds revocation, despite a medical declaration, as inadequate maintenance procedures were in place.
A HAULIER WHO had not operated trucks specified on his licence for two years after suffering a stroke has had the appeal against the revocation of his licence dismissed.
Upper Tribunal Judge Hugh Carlish: QC upheld a decision made by James Astle. West Midlands Deputy Traffic C'ommissioner in January, that Herefordshire-based coal merchant Hedley Simcock could not keep his licence because he had failed to mak, arrangements to make his trucks and trailers fit and serviceable, and was no longer of sufficient financial standing.
A VOSA investigation last year revealed numerous maintenance shortcomings with the vehicles at the business.
In a visit to Simcock's premises in Kington. Herefordshire, in October 2009. VOSA inspectors found that of
Lack of maintenance arrangements
The Upper Tribunal Judge upheld the decision by the DTC to revoke Simcock's licence on the grounds that he had failed to make proper arrangements to make his trucks fit and serviceable. This was despite evidence that Simcock had been suffering from ill-health, following a stroke. the two trucks in possession out of the seven specified on his licence, one was "parked up out of use': while the other had done little work since it was last tested.
One maintenance record was not of a suitable type, inspections had not been carried out at agreed intervals, and there was no planner chart in use.
In addition, there was no formal driver defect system in use, no record of daily checks. nor any maintenance contracts in place. The annual test history also showed a high initial failure rate.
In his appeal, Simcock said the vehicles had not been used in the two years prior to April 2009 due to his ill-health.
He cited a medical report that provided details of how he is required to take pills for his high blood pressure.
According to the report, Simcock had been unwell with "symptoms of tiredness" following his stroke in 2005, and despite regular check-ups. still has -good days and bad days".
Judge Carlisle. dismissing the appeal. said the evidence was "all one way" and that the case for revocation had been -fully established".