Disneyland holiday haulage boss loses 0-licence revocation appeal
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rog ar.brown@ rb i co .11 k
A HAULAGE BOSS who told Traffic Commissioners (TCs) he could not attend a public inquiry because it clashed with his holiday to Disneyland has lost an appeal against the revocation of his 0-licence.
Upper Tribunal Judge Mark Hinchliffe upheld the decision of Welsh Deputy Traffic Commissioner (DTC) James Astle to revoke the licence of Tredegar, Gwent-based Jim Berne Haulage and disqualify its director Anthony Edwards from holding a licence for 12 months.
A VOSA maintenance investigation, held in June 2009, into the firm — which ran nine vehicles and three trailers — uncovered one S-marked prohibition, an inadequate driver defect reporting system and no evidence of calibrated roller-brake tests taking place.
An inquiry was initially scheduled for 7 September 2009, but adjourned after Edwards was bailed to appear at Caerphilly Magistrates' Court the same day in relation to assault and battery charges. A new date of 6 November was set.
I lowever, On 5 October, Edwards contacted the IC's office to say this clashed with a pre-booked holiday to Disneyland Paris, and the hearing was put back to 5 February 2010.
Edwards obtained a sick note from a doctor on 4 February, and the hearing date was again adjourned, this time until 22 June.
The DTC finally revoked the licence after Edwards failed to turn up at the June inquiry, following .fruitless attempts byVOSA staff to contact him via his home
telephone and mobile numbers, as well as the firm's number.
Edwards appealed Astle's decision on the basis that his wife — who he was separated from — was not passing on important items of mail from the TC's office to him. However. Hinchliffe was satisfied the operator had been "properly notified" throughout. He said: "Letters advising of the hearing were sent to the company's nominated address for communication, and to the transport manager, by first-class post and recorded delivery."
The tribunal also upheld the OTC's ruling that Jamie Griffiths, transport manager at Jim Bertie Haulage, had lost his repute.