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Appeal against fines fails
Page 30
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A truck driver who failed to make an appearance at Chelmsford Crown Court to pursue his appeal against fines and costs of £1,075 after being convicted of an overloading offence has been ordered to pay a further £853 in costs.
In April, Timothy Holland, of Battle. Kent, was found guilty in his absence by Harlow Magistrates of using a vehicle when its permitted gross weight was exceeded by more than 30%.
Holland was fined £750 with £310 costs and a £15 victim surcharge was also imposed.
His employer, Aviva Stone Products of Bakesbourne, Kent, was prosecuted for permitting or causing the use of a vehicle on a road when the permitted gross weight was exceeded. The company pleaded guilty and was fined £250.
Holland appealed against his sentence on the grounds that he had not realised that he too would be liable for the offence as the person who used the vehicle on the road. He also wanted the chance to enter mitigation.
Revocation not disqualification Although deciding to revoke the licence held by Bathgate, West Lothian-based John and Margaret Cranston, trading as GMR Skip Hire, with effect from 18 July, Joan Aitken, the Scottish Traffic Commissioner, has opted not to make any disqualification order.
The partners were called before the TC at an Edinburgh disciplinary inquiry because of the use of an unauthorised operating centre and a material change of circumstances.
The company had failed to apply for a new operating centre or to provide notification of a new correspondence address and a new partner, namely fain Cranston.
Elaborating on her decision to revoke the licence, the TC highlighted the fact that no disqualification order had been made, and that the new partnership was at liberty to apply for a fresh 0-licence
Licence curtailed for six months Maintenance problems have resulted in the licence held by Liverpool-based Oldham Bros being cut from 10 vehicles and three trailers to six vehicles and three trailers for six months by North West TC Beverley Bell.
She was told that several prohibition notices issued suggested that driver checks were lacking in both quality and depth. Loose wheelnuts and defective tyres were common faults.
Since August 2006, six immediate and six delayed prohibitions had been issued to the firm's vehicles and trailers.
There was an initial failure rate at annual test of 87%, significantly higher than the national average of 31% in the same period.
A previous maintenance investigation in January 2007 had also proven unsatisfactory.