AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

Failed on records

20th January 1994
Page 23
Page 23, 20th January 1994 — Failed on records
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

• Ilkley-based haulier Dickinson Transport has lost its licence through failures to produce and retain income tax and National Insurance records.

Dickinson, which held a licence for three vehicles and four trailers, was convicted twice for failing to produce PAYE records and to preserve records of earnings-related payments.

On the second occasion, in September 1993, he was fined 14,320 for each offence. These were reduced on appeal to £4,080 each.

North Eastern Deputy Traffic Commissioner H Anthony Richardson concluded that he had a statutory duty to revoke Dickinson's licence, as the size of the fines meant that the offences fell within the definition of "serious offences' in the 1990 Regulations.

Richardson rejected arguments from Gary Hodgson, for Dickinson, that those provisions did not apply because the licence was granted before October 1990 when the regulations came into force.

The Deputy Commissioner said that Regulation 2(2) stated that the regulations should not apply in the case of an application for a licence before the date these regulations came into force. He found it hard to conclude that the regulations did not apply when considering applications for licences lodged before October 1990. In the present case, he was considering events that had happened after the regulations came into force. It seemed to him that Regulation 2(2) must apply only to applications for licences and not to disciplinary proceedings taken in connection with a licence, even if that licence had been granted before October 1990.

Richardson ordered his decision not to take effect pending an appeal to the Transport Tribunal.

Tags

Organisations: Transport Tribunal
Locations: Ilkley

comments powered by Disqus