1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188 
Tribunal refuses to return unlicensed tractor unit
Page 34
If you've noticed an error in this article please click here to report it so we can fix it.
AN OPERATOR has failed to convince the Transport Tribunal that his vehicle was being used for recovery work at the time it was impounded. so it will not be returned. Steven Ellis, trading as RRFS Truck Hire of Kirkby in Ashfield, Notts, had previously sought the return of the tractor unit before North-Eastern Deputy Traffic Commissioner Elizabeth Perrett.
A traffic examiner said the police had ordered an artic laden with two tractor units into a check site. They stopped it because of information received from the Automatic Number Plate Recognition system.
Ellis was driving: he said the vehicle was owned by Stefan Ivanchenko and was on hire to lvanchenko's company, NRS 24-Hour Vehicle Solutions.The police suspected lvanchenko did not exist after Ellis said he lived in the Ukraine and could not be contacted.
Ellis had told the DTC that he bought the vehicle with Ivanchenko in January last year with a view to hiring it out, and had since bought Ivanchenko's share. Ile added that at the time of the check the vehicle had been moving two disabled vehicles to Southampton. In the past when he had worked for NRS there had been no disc in the windscreen and he had been told that it was recovery work (CM 1 September 2005).
The DTC said when the vehicle was impounded. Ellis had claimed it belonged to ivanchenko, who did not need a licence because the vehicle was hired out. But when he applied for its return. Ellis had claimed to be the owner and said it had not been used without licence authority because it was being used as a recovery vehicle. The DTC did not believe this account (CM 15 September 2005).
Appearing before the Tribunal for Ellis:rim Nesbitt said it was no longer suggested that the vehicle was a recovery vehicle. He claimed the dispute over Ivanchenko had so distorted the DTC's reasoning as to make her decision unfair.
Disagreeing, the Tribunal ruled that the DTC's conclusions were compelling. It was for this sort of case that impounding was intended.