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Haulier denied truck after ignoring licence revocation
Page 20
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A Denbigh haulier,
whose tractor was impounded _J because he was purportedly using someone else's Operator's Licence after his own was revoked, has failed in a bid to have the vehicle returned.
Elwyn Jones applied to the South Eastern and Metropolitan Traffic Commissioner Christopher Heaps for the return of the vehicle on the grounds that he was unaware it was being used
illegally Traffic examiner Caroline Jenkins said that when the vehicle was stopped in February it was displaying a licence disc in Jones name, which had expired at the end of May 2002. The driver of the vehicle claimed he was employed by Jones.
The vehicle, which had a 45% drive axle overload, was given an immediate serious prohibition because the nearside front wheel had a stud sheared oft.
The trailer was in the livery of Norfolk Line, and enquiries revealed that Jones was working as a subcontractor and was prohibited from carrying out further subcontracting work without Norfolk Line's consent.
Jones admitted that when his licence was revoked he approached a Mr Vaughan of Oilcan, near Mold, in December and thought they had agreed that Vaughan would run his vehicles for him and pay the drivers and Jones would then pay Vaughan. Jones' solicitor prepared a short licence agreement for the hire of the vehicle to Vaughan for .E500 a month. This was sent to Vaughan but was not signed or returned. Nevertheless Jones thought that it was in force.
Jones admitted that he had operated the vehicle in December because he did not want to lose the Norfolk Line contract or the driver; he had not sought consent from Norfolk Line to subcontract their work.
For Jones, John Lloyd argued that he had believed that he had been acting legally by subcontracting to Vaughan. However, he conceded, he had some difficulty in explaining the unauthorised operation in December.
The TO said that on Jones' own admission, and supported by Norfolk Line invoices, he had continued to operate the vehicle when the licence had been revoked. In short, he had ignored the revocation and disqualification. Jones' disqualification had now expired, said the IC. Should he apply for a new licence the IC suggested that Jones' admission that he had continued to operate the vehicle after his licence was revoked should be taken into account when considering his repute.