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No reprieve on licence

12th March 1992, Page 20
12th March 1992
Page 20
Page 20, 12th March 1992 — No reprieve on licence
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/ A sheep haulier whose 10vehicle licence was revoked for bad maintenance has had his appeal dismissed by the Transport Tribunal.

Phillip Jones, trading as JE Jones & Sons of Ty Newydd, Llandegla, near Wrexham, appeared before the Licensing Authority last October after his vehicles received prohibition notices.

The LA heard that the front offside brakes on one of Jones' trucks were not working when it was examined in a roadside check. When Jones took a vehicle for its annual test its rear brakes were not working. Jones refused to sign for a prohibition notice and drove out of the test station. That action resulted in a conviction.

Colin Ward, for Jones, tried to persuade the tribunal that the licence has ceased to have effect before it was revoked, lie argued that at the time the licence was applied for in 1986 Jones had been in partnership with his mother but she had died two years ago. Regulation 10 of the Operators' Licences Regulations stated that when a partnership was dissolved the licence ceased to have effect, he said.

Ward said that the truck at the testing station had been used to tow another vehicle out of the way and, in doing so, a rope wrapped around the underside of the vehicle appeared to have damaged the braking system.

Jones had denied driving the vehicle out of the test station, saying it had been towed out. An appeal was being made against the conviction, said Ward.

The tribunal said it would give written reasons for dismissing the appeal.

Regulations 10 (since changed) applied if the licence was held by a partnership. In this case it was held by Jones as an individual.