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Application is withdrawn despite victory
Page 34
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A BrechIn-based firm has withdrawn Its application for an Operator's Licence despite winning a partial victory over the Scottish Traffic Commissioner at the Transport Tribunal.
Directors Elizabeth and Kerry McDonald had applied for a licence for 10 vehicles and 10 trailers for Belifield Transport, based at two operating centres in Brechln.
In March last year TO Michael Betts revoked the licence held by John F McDonald & Partners of Brechin, after inspections revealed that sophisticated devices designed to interfere with tachograph recording equipment had been fitted in five of their eight vehicles (CM 21-27 March 2002.1 In addition, partners John J and Brian McDonald were disqualified from holding a licence for five years. Betts also stated that no application for an 0-licence would be accepted from the other partners, John F McDonald, Heather Cameron and Fiona Bowie.
In February 2002 an application for a licence for Keldar Transport, run by Elizabeth McDonald, was refused by Betts because the nominated transport manager was John J McDonald.
He said that he was not prepared to accept a person who had been found not to be of good repute as a transport manager.
When Bonfield Transport submitted its application last July, further information was sought by the Traffic Area. The application was then refused by Betts without calling the company to a Public Inquiry on the grounds that it appeared to be a deliberate attempt to circumvent his decision not to grant the McDonalds' licence in March 2002.
Before the Tribunal it was argued that the IC was in no position to make findings of fact about either the company or its directors, as there had been no hearing, Neither Kerry nor Elizabeth McDonald had been the subject of adverse findings at or after the Public Inquiry in March 2082 and had had no opportunity to put their case.
The Tribunal was satisfied that it was entitled to put its case, with refusal only occurring after a hearing. Under the circumstances, they felt that the matter should be considered by a different IC.
The application was listed to be considered by the Scottish DTC Richard McFarlane at Dundee but was withdrawn shortly before the hearing.