'Minor breaches are
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pursued as if they
were major crimes' 4 y outlook changed after 24
;41
8
running a six-vehicle fleet, when I was prosecuted for a minor train-weight offence. I fought the case, won it and within six months recovered my £3,000 defence costs but not a £500 consultancy fee which I incurred while seeking legal advice. My confidence had been shattered so I sold up, feeling that similar situations would be inevitable. New technicalities continue to bombard operators and honesty is no longer the main requirement to be successful—a lawyer is of equal importance. Now I continue to operate as an owner-driver having sold my six-vehicle business to one of my drivers. Helping my successors to set up lawfully soon brought about the problems that seem
to be commonplace with bureaucracy. After .-, months of operating with an interim licence, .., 8 while waiting for a full licence, they finally received an admission from the Licensing Authority that it had lost the "interim" file, although it had taken the application money.
I forced the LA to apologise but the police were not so understanding until the LA admitted its mistake. One of the drivers became so fed up with being hounded by the police for driving on an interim licence that he resigned. From my own experience I have learnt that transport laws should be maintained but they should be seen to be administered fairly Many prosecutions fail due to overzealous conduct by authorities_ There is a danger that in the pursuit of rogue hauliers law-abiding operators may be unfairly persecuted. Minor technical breaches are pursued as if they were major crimes. Genuine operators are used as pawns to maintain quotas.
Now it is likely that information will be available to the public regarding prohibitions, convictions and the test results of operators (Law on the Way, CM 15-21 August). This should only happen if all sides of transport are monitored. Substantiated complaints about enforcement agencies and failed prosecutions should also be monitored and listed for public awareness. Its all very well setting up policies to rid our roads of wrongdoers by shaming them but where prosecutions are ill-conceived, lawabiding operators, with the aid of lawyers,
will be forced to overturn them, Wk. prosecutions are dismissed by the cc defence costs are frequently reimbu from public funds. Such instances sf noted, giving the public the right to errors made and by whom. Small operators, unable or not bothered tc defend themselves in court make it e the enforcers. A written plea of guilt save time and money. Rogue operators, on the other hal don't bother with tests, VED, insurar licence. Some continue operating, undetected, for years. Honest haulie aware that competing with cowboy5. with the authorities is a losing battle that disappear, setting up illegally elsewhere, frustrate the system and rarely convicted. The authorities giv( and persecute easier targets. Why? maintain quotas and justify their po5. of course. )