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Out-of-date licence not 'wilful' mistake

23rd September 2004
Page 37
Page 37, 23rd September 2004 — Out-of-date licence not 'wilful' mistake
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AN IMPOUNDED VEHICLE was returned to its owner after South Eastern and Metropolitan Traffic Christopher Heaps accepted the operator was unaware that an 0-licence was required even though the vehicle was displaying an expired 0-licence identity disc. Commissioner The TC was told the owner — Mitcham, Surrey-based Simon Langley — had been driving the vehicle when it was impounded in July. The vehicle was displaying an expired licence disc in the name of Langley's father David, trading as Langley Scaffolding. His 0 licence had been revoked in September 2003.

Langley said his father had retired from the business in early 2003 because of ill health. He and his brother had carried on the business but had given no thought to the 0-licensing requirements, as it was new to them.

He had assumed that the licence was valid —neither he nor his brother had noticed the disc had expired in November 2003. He had never discussed 0-licensing requirements with his father and, unlike road tax, had received no reminders that it would expire.

Returning the vehicle, the TC said he was not satisfied that Langley knew the vehicle was being used without a licence or that he had wilfully failed to make enquiries about the need for an 0-licence.

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Locations: Surrey

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