Tribunal rejects overloading appeal
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A Welsh hacker alleged to have committed more than 700 overloading offences after downplating his vehicles to save on vehicle excise duty has lost his appeal against the suspension of his 0-licence for three weeks.
Dyffryn Ardudwy-based John Ceri Evans, trading as J&E Evans, holds a licence for nine vehicles and six trailers. An investigation was launched after one of his vehicles lost a pair of
wheels on the A55 on the Isle of Anglesey.
Enquiries showed that six vehicles had been downplated to 27 tonnes in March 1997, saving £1,617 per vehicle per year in VED. Between 26 May and 16 June one immediate and seven delayed prohibitions were imposed on Evans' vehicles, a rate of 83%. None of the vehicles examined displayed Ministry plates (CM17-23 August and 31 August-6 September).
The Transport Tribunal dis
missed arguments that Evans should have been made aware before the public inquiry whether he was likely to face criminal charges; that in proceeding he became the victim of double jeopardy; and that the Traffic Commissioner's decision was a breach of natural justice and the Human Rights Act.
It said the purpose of the disciplinary provisions was to help achieve the objectives of operator licensing in relation to road safety and fair competi tion, which were different objectives from those of criminal sanctions. It did not accept that the Human Rights Act affected the situation.
It was clear that the maximising of Evans' income came from the use of vehicles taxed as six-wheelers when he was being paid the eight-wheeler rate, and by the less stringent maintenance requirements for 27,000kg vehicles.
If a haulier reduces the plated weight of his vehicles,
thus making a saving on VED, and then operates them by loading them to their design weight, he obtains an unfair financial advantage over hauliers who are not overloading their vehicles," the Tribunal concluded.