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A Lancashire haulage firm which lost its Operator's Licence after
Page 23
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it failed to supply financial information to the Traffic Commissioner has seen the decision upheld by the Transport Tribunal.
The Tribunal said that Milnrow-based ASJ (Euro) Logistics had applied for an 0licence in September 2001. Interim authority was granted, despite the liquidation of an earlier business that had held a licence under a similar name.
The North Western TC Beverley Bell cleaned to issue a full licence until she received original bank statements for August 2001. On their production, the full licence was duly granted in November 2001 on the basis that there would be a further financial check nine months later.
On 22 November, the company submitted printouts of the relevant bank statements, showing that the company was overdrawn.
In December, the Traffic Area again requested original statements or printouts authenticated by the bank, plus evidence of an overdraft facility of F4,300 available to support the firm's 0-licence obligations.
In January 2003, the company's director Alan Johnson said there had been a delay in supplying the information due to both himself and the company's bank manager being on holiday, but that it would be sent the following week.
On 21 February, the Traffic Area warned the firm that its licence would be revoked if evidence was not supplied. On 19 March, its licence was revoked.
There were two grounds for the company's appeal. First was the death of Johnson's father. Secondly, it was a small company, which usually ran vans not requiring an 0-licence, it only occasionally hired a 7.5-tonne vehicle, which was maintained by the hire company.
Dismissing the appeal, the Tribunal said that none of those reasons excused the failure to respond to the Traffic Area's requests. Any operator, however small and regardless of external pressures, is required to supply financial information so that the TC could be satisfied of its financial standing.