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Haulier using wrong 3-licence must reapply
Page 11
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roger. browntarbi.co.uk N I-RN ESSHIRE HAULIER D&D Fraser las been ordered to apply for another 0-licence ifter it was found to be operating on the licence )f a rotated, but now defunct company.
Following a June public inquiry, Scottish Irak; Commissioner (TC) Joan Aitken said Donald Fraser, director of D&D based at Dunain Mains Farm, had wrongly operated oui vehicles and seven trailers on the licence of Fraser & Sons — the partnership business he lad run with his brother Hugh, but which had .,.eased trading.
Aitken revoked the licence of Fraser & Sons from 18 August, and said if Donald Fraser wishes to continue operating, he should apply for a new licence under his firm's new name. D&D Fraser.
The public inquiry was called in response to an adverse report from a VOSA vehicle examiner compiled in November 2009.
Since May 2005, the operator had been issued with three 'S'-marked prohibitions. all relating to trailers being presented for annual test. In July 2009. one trailer received an 'S'-marked prohibition for having all 10 of its wheel nuts loose on the near-side front axle.
The TC said in her decision that 0-licences are "not transferable" and that D&D had no lawful authority to operate under the licence issued to the brothers. She added: "The firm of D&D Fraser does not hold a goods vehicle operator licence and thus its operation of the vehicles is unlawful. There has been a material change in that the trading entity of messrs Fraser & Sons has ceased."
Aitken said that if the inquiry had been considering the firm's maintenance shortcomings only, she would have cut its licence to three vehicles for a period of eight weeks.