Operator's bitter-sweet ruling
Page 17
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A plant hire operator who had been using an artic without authority has had a trailer authorised on his
licence after promising that the kit and its tractor would be maintained by an outside contractor.
Richard Batton, of Bishop Auckland, Co Durham, also wanted to increase the authorisation on his licence from two vehicles to three vehicles and two trailers.
But North Eastern Deputy Traffic Commissioner Mark Hinchliffe cut the number of vehicles on the licence to one at a Leeds disciplinary inquiry.
Vehicle examiner Gordon Whittaker said that in February a delayed prohibition was imposed on the one vehicle Dalton then operated. When it was produced for clearance a variation notice endorsed as a significant maintenance failure was issued for nine more defects.
Records showed that there were periods of up to 16 weeks between inspections resulting in the vehicle being operated in a dangerous condition.
For Batton, Ben MacKenzie said that the 7.5 tonne vehicle subject to the prohibitions had been replaced by a hired tractor covered by the supplier's maintenance cantract.
Dalton, who is also a groundworks contractor, said the inspection periods had become extended as he had been the only one qualified to do the maintenance.
Dalton agreed with Hinchliffe that he had applied for interim authority to use an artic some time after the original vehicle had been replaced. He had not thought he needed licence authority when hiring trailers off other hauliers who had their own 0-licences.
He had later assumed interim authority had been granted as he had not been notified that it had been refused.