TC Sarah Bea accused of rushing through repute case
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AN APPEAL JUDGE has overturned Western Traffic Commissioner (TC) Sarah Bell's ruling to revoke an operator's 0-licence, describing her written decision as having -very little clear focus or direction".
Upper Tribunal Judge Mark Hinchliffe said the one-page judgment issued by TC Bell in June that revoked Shaun Taylor's 0-licence and took away his repute, as well as his brother Mark Taylor's repute as transport manager, had been -extremely brief", with the "appearance of being rushed".
Bell had overseen public inquiry (PI) hearings in April and June this year that considered drivers' hours and tachograph offences relating to the business.
In July 2009, Exeter Magistrates' Court had imposed a fine on one of the firm's drivers for five offences of exceeding the 4.5-hour driving limit, one mode switch offence, and one false record.
Another driver was also prosecuted and convicted in relation to four offences of exceeding the 4.5-hour limit.
However, the appeal judge said that in her written judgement, TC Bell should have made reference to and given credit for the firm's decision to employ an independent tachograph analyst in an effort to improve checking procedures.
Hinchliffe added that the TC had attached too much weight to Mark Taylor's reluctance to attend a CPC refresher course and placed undue reliance on the fact that he recorded his other work in a log book rather than on tacho records.
The TC should also have mentioned a Freight Transport Association report that featured prominently during the PI, which was
-not entirely unfavourable" to the operator and transport manager, Hinchliffe said.
He added: "A number of evidential features were either ignored in the decision, or received only cursory acknowledgment.
"Regrettably, the whole flavour of the transcripts is of a somewhat unstructured PI, with very little clear focus or direction."
Hinchliffe cut the firm's authorisation from four vehicles and four trailers, to three vehicles and three trailers and said the repute of the Taylors was tarnished, but not lost.