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No truck after sibling dispute
Page 25
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A North Wales operator who claimed that a offence for unauthorised use was actually committed by his brother has lost his appeal against a refusal to have his Impounded vehicle returned. Following claims by Thomas Anthony Jones of Wrexham that his brother had been impersonating him, Welsh Traffic Commissioner David Dixon allowed three weeks for further enquiries to be made (CM50 Jan-5 Feb).
The IC was told that Jones used the vehicle to pick up abandoned vehicles and take them to a scrapyard. He had thought that as he was only being paid for the scrap he did not need an Operator's licence.
Dixon said that lts were entitled to accept criminal convictions at face value, as the evidence had been tested to a higher standard of proof elsewhere. The magistrates had rejected Jones' version of events. Jones was convicted in June 1998 and therefore knew he needed a licence (0120-26 March).
Before the Transport Tribunal, John Parsons, for Jones, maintained that he had been unaware of the need for a licence. Ho argued that Jones had a clean driving licence and was intending to put his house in order by applying for a licence. Return of the vehicle was necessary to enable him to carry out his work which was environmentally beneficial. It was disproportionate to fail to return the vehicle to him.
The Tribunal noted there had been no appeal to the Crown Court In relation to the conviction. The evidence in support of the IC's findings was overwhelming.