Tribunal slams LA for quick renewal
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by Miles Brignall and Mike Jewell • North Western LA Martin Albu has been heavily criticised by the Transport Tribunal for granting an Operators Licence to two men just a year after they finished a jail sentence for tachograph offences.
Judge Harold Wilson said the Tribunal had not only overturned Albu's decision, but concluded "no reasonable LA could conceivably have come to the conclusion that sufficient time had elapsed for the convictions to be disregarded".
The Road Haulage Association and Cumbria Police had objected to the renewal of licences to Bulmans Bulk Haulage and Bulmans (Penrith) by Albu in November 1994 after directors of the firms, Peter Housby and David Brown, had been jailed for 12 months and fined £2,750 after pleading guilty at Carlisle Crown Court to aiding, abetting, counselling and procuring drivers to falsi f y tacho charts in May 1993.
Stephen Kirkbright, representing the RHA, which brought the case, told the Transport Tribunal in London that the offences were more serious as they were committed immediately before the trial of Bulmans Bulk for similar offences—they continued to help drivers to falsify charts knowing they were already facing trial. The relatively short time since the end of the mens' sentences was not enough to establish "good repute", he said.
After revoking the 0-licence, Judge Wilson said Licensing Authorities should be guided by the Rehabilitation of Offenders Act in deciding when to grant an 0-licence to former offenders.
A spokesman for Martin Albu refused to comment on the case.
Director of operations at the RHA Tim Inman is delighted by the result. "The comments were a damning indictment against the issuing Licensing Authority and a victory for common sense," he says. • 0-licence regulations say: "A Licensing Authority shall determine that an individual is not of good repute if he has been convicted of serious offences or has been repeatedly convicted of road traffic offences...a serious offence is an offence. ..for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4... or a community service order for more than 60 hours was imposed."