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Transport Tribunal remits 'unsatisfactory case' to LA

11th May 1973, Page 58
11th May 1973
Page 58
Page 58, 11th May 1973 — Transport Tribunal remits 'unsatisfactory case' to LA
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Which of the following most accurately describes the problem?

• A Suffolk haulier, Mr C. C. Fairhead, claimed at the Transport Tribunal on Wednesday that vehicle examiners sent to inspect his lorry were "just out to cause mischief." And he added: "They went round banging my lorry about 50 times. If you have to do that to find what is wrong then you don't know your job. But this is what happens when you put into the hands of bureaucrats the power over the ordinary lives of the people."

Mr Fairhead questioned the evidence of the examiners which -gave a completely false impression" of his premises and his equipment. Mr Fairhead was appealing against the decision of the Eastern deputy LA to revoke his licence for one vehicle. On asking on whether he could calla witness at the appeal, he was told that this should have been done at the earlier public inquiry.

However, Mr Fairhead complained that on the date set down for the hearing the LA did not &rive. There was no explanation or apology but the case was subsequently heard in his absence.

President of the Tribunal. Mr G. D. Squibb, QC, decided to remit the case back to the LA for rehearing. He did not think the procedures taken at the earlier hearings had been satisfactory.

A second appeal on Wednesday was partially successful although in fact had little effect because the appellant, Mr E. J. Hamilton, had already suffered the penalty ordered by the South Eastern deputy LA.

Mr Hamilton, a Southampton haulier, was licensed for five vehicles and one trailer, two of the vehicles being specified. The decision of the deputy LA, under Section 69, and following the issue of one GV9 and one defect notice was to curtail the licence for 14 days by four vehicles — with effect from February L The Tribunal decided that Mr Hamilton should have had only two vehicles curtailed for a fortnight.

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Organisations: Transport Tribunal
Locations: Southampton

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