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C slams 'sham' icensing deal
Page 27
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A second bid for the return of a truck operated under a 'flag of convenience' has been turned down by a traffic commissioner.
A DISQUALIFIED operator has failed to win the return of a truck operating on another haulier's licence — an arrangement described by North Eastern Traffic Commissioner Tom Macartney as a -sham".
The appeal hearing in Leeds was the operator's second bid to have one of two impounded trucks returned. William Leith of Berwick on TWeed had successfully won back one of his trucks at an Edinburgh public inquiry when it was ruled that a traffic examiner had acted on -suspicion" rather than "belief' (CM 18 December 2003). However, Leith failed to turn up at the Leeds hearing.
The two trucks had been seized in separate roadside checks in different parts of the country and were operating on the licence of Leith's associate, Colin Patterson.
The 0-licence held by William Lei th, trading as New Century Marquees, of Pier Road. Berwick upon Tweed, had been revoked in October 2001, with Leith disqualified from holding an 0-licence indefinitely.
In July Macartney had refused to return the vehicle to Colin Patterson, of Countess of Buchan Way. Berwick upon Tweed — it had been impounded on 18 July while being operated on his 0-licence.
Refusing to return the vehicle to Patterson, the TC had said it was plain that Leith was the owner, user and operator of the vehicle. He had concluded that Leith and Patterson had conspired to produce a "flag of convenience". It was an astounding charade and he considered that Patterson knew he was assisting Leith in a criminal activity. the TC said.
Traffic examiner Gillian Bailey said Patterson had claimed the vehicles on his 0-licence were not owned by him but by William Leith. He had said Leith taxed the vehicles, paid for their fuel,maintenance and insurance, and paid their drivers.
Patterson had told Bailey that he was paid £400 a month to act as Leith's transport manager, and that he drove for another company during the week.
On 18 July Bailey had seen a vehicle leaving William Leith's premises loaded with a marquee and associated equipment, painted in that lirm's colours. When stopped by the police it was found to be displaying an 0-licence disc in the name of Patterson. The driver, Robert Flanagan had said he worked for William Leith but understood the trucks were run by Patterson.
Unauthorised use
Flanagan had added that William Leith paid his wages and national insurance. He believed the vehicle was being used by Patterson on Leith's behalf. When Leith arrived at the check site Bailey had tried to interview him about the unauthorised use of the vehicle.
Patterson had subsequently phoned to say that he employed the drivers at £400 a week, and that he leased the vehicles from Leith.
He claimed to have been confused when he was interviewed earlier and remarked that Leith was "giving him some gyp".
The TC said he had received a letter I Leith's solicitor saying the vehicle was not able so it was not worth instructing him to ti down to Leeds to attend the hearing. How Miss Bailey estimated the value of the ye at up to £25,000.
"That must be worth a bus ride down I Berwick," said the TC. Refusing to retun vehicle, the TC said he did not accept that t was a proper leasing agreement. The vel was owned and operated by Leith and th rangement with Patterson was a sham. •