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Agricultural haulier Loses licence appeal

3rd October 2013, Page 17
3rd October 2013
Page 17
Page 17, 3rd October 2013 — Agricultural haulier Loses licence appeal
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Judge Beech dismisses Ian Smith's appeal to have his disqualification lifted By Roger Brown Operator: Ian Smith Matter: Appeal Hearing: London Upper tribunal judge: Jacqueline Beech

UPPER TRIBUNAL Judge Jacqueline Beech has dismissed an appeal from an agricultural haulier who was disqualified from the industry for three years after his vehicles were found to have serious maintenance issues.

In a written decision following a hearing in August, the judge upheld the decision of eastern traffic commissioner (TC) Richard Turfitt, made in March, when he disqualified Ian Smith for three years, and revoked the 0-licence of the Cambridgeshire haulage partnership, which he ran with his father Paul, for three vehicles and three trailers.

TC Turfitt was told that a Vosa examiner visited the firm's operating base after one of its trailers was prohibited when it was found driving on the road with a significant defect in the brake systems. The Vosa officer discovered that: • routine vehicle safety inspections were overdue — one by 19 weeks; • forward planning of safety inspections was deficient; • the partnership had other prohibition notices for defects on the fleet; • 50% of vehicles had failed their MoT and the partnership had operated a vehicle without a valid MoT;

• the business was no longer running as a partnership, meaning there had been a material change.

Turfitt also disqualified Paul Smith, both as an 0-licence holder and transport manager, for a total of three years.

On appeal Ian Smith said the TC had been wrong to find that the loss of the licence would not bring an end to his March-based farming business.

He added that the loss of the licence would have the opposite effect as he would be unable to feed 190 head of cattle, therefore depriving him of his livelihood and his ability to support his wife and seven children.

He described himself as "not well educated" with some learning difficulties, said that he had not explained his situation well enough at the public inquiry and this may have affected the TC's decision.

Ian Smith accepted that he had made serious mistakes and there had been misunderstandings in the past, but he had learnt from them and was taking action to prevent recurrences.

He explained that he was looking for a safe and legal way to take his business into the future.

However, Judge Beech concluded that the TC was correct in placing road safety considerations above those surrounding the operation of Smith's core farm business.

She added: "This was a very serious case where Mr [Ian] Smith failed to appreciate — despite advice from [Vosa officers] — that his responsibilities as an operator were fundamental to the continuing success of his farming business rather than treating his responsibilities as an operator as an irritating side issue." Summing up

Judge Beech said that if Ian Smith wants to enter the transport industry again, he must demonstrate that he will be compliant and that he takes his responsibilities as an operator seriously.


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