FORD & WAkkEN
Page 49
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SOLICITORS
COMMENT
Reputable hauliers will welcome the recent decision of the Transport Tribunal when it allowed an appeal by the RHA against the grant of a licence by Martin Albu, Licensing Authority
IP for the North West.
It was held that, where directors of a company had been convicted of aiding and abetting drivers to produce false records, a period of three years was an insufficient time to avoid the mandatory requirements of the regulations.
The legitimate side of the industry has long argued that it is too easy to obtain an operator's licence after offences have been committed. The law changed in 1990 following an EU directive. If an operator is convicted of an offence carrying a fine of more than £2,500, or is imprisoned for more than six months, then he will not be of repute for five or 10 years respectively unless the LA thinks "sufficient time" has elapsed. Following the decision of the Transport Tribunal, LAs are likely to consider the regulations much more strictly, which should be a step in the right direction to clear out the cowboys.