Assessor exceeded powers
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• A haulier has won back his 0Licence after the Transport Tribunal ruled that a financial assessor exceeded his powers at the public inquiry where it was revoked.
Nicholas Pilbeam of Harwich was appealing against the revocation and being disqualified from driving trucks for three months by Eastern Licensing Authority Compton Boyd, Boyd had found Pilbeam not to be of good repute because of VED convictions.
But the tribunal's Judge Harold Wilson said that the participation of the financial assessor who had advised the LA went beyond what the law provided. The Transport Act's provisions about an assessor's functions had not been observed.
Pilbeam told the judges his business had grown too quickly. He had bought extra vehicles and then lost an important contract. He acknowledged that the convictions were tied in with his financial situation.
Judge Wilson said that although the LA had been assisted by a financial assessor there was no mention in correspondence to Pilbeam that an assessor would be present. Neither had there been any clear indication, until the end of the inquiry, that the LA might consider disqualification. Pilbeam said he did not receive a copy of the report the assessor sent to the LA.
Judge Wilson said that after the inquiries into Pilbeam's finances, the assessor appeared to take an active part in other matters.
0 Section 64(5) of the Transport Act 1968 states that an LA can be assisted by a financial assessor when considering if a licence applicant has sufficient financial resources to provide proper maintenance and a suitable operating centre.
In its recent decision in the RHA John Dee Ltd case the tribunal criticised the LA for not making it clear that his assessor's functions were confined to that purpose only.