Fine appeal is lost
Page 19
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• Hull-based Sherwood Fabrications has lost its appeal at Bolton Crown Court against a £1,500 fine imposed in the company's absence for using a vehicle without an Operators Licence,.
For the Department of Transport, John Heaton said the company's vehicle was loaded with a static caravan and there was no 0-licence identity disc displayed in the window of the vehicle. If a disc was not displayed, it was a good indication that no licence was in force, as in this case.
A traffic examiner visited the company's premises and director John Dixon confirmed that the company had been using the vehicle. He had said that an operators licence had been applied for but not yet granted. The company was aware it needed a licence before it could use its vehicle loaded and there had been three previous convictions for the same offence.
Graham Denny, for the company, said when any of the static caravans needed moving a local haulier carried out the work as an agent for Sherwood Fabrications
until 1992. Unfortunately in 1992 there was a disagreement with the haulier and the previous convictions occurred after that. A great deal of paperwork was required to obtain an 0-licence and in 1993 the company instructed solicitors to make an application. No decision has yet been made as the North Eastern Traffic Area had lost the file.
The purpose of the legislation was for the Department of Transport to know which operators were flouting the rules, using dangerous vehicles and overworking drivers. There had been no suggestion that the company was responsible for any of that type of mischief. There was a world of difference between a company running shoddy vehicle, a hazard to other road users, and this company.
Judge Brian Carter QC said that after considering all the circumstances he believed the fine was justified.