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Transport manager Loses second appeal

13th August 2009, Page 23
13th August 2009
Page 23
Page 23, 13th August 2009 — Transport manager Loses second appeal
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Keywords : Public Inquiry

THE NOMINATED transport manager on a licence held by Durham-based Anglo Dutch Logistics (ADL), Brian Smith, has lost his second appeal against the third decision of the North-Eastern Traffic Commissioner, Tom Macartney, that he had had lost his repute.

The company's licence for four vehicles and six trailers had been revoked by the TC following illegal operation by an associated coach company run by Ralph Brown, and evidence was presented that the licence had been obtained by deception.

The TC disqualified sole director Anne Stidwell and former director David Pritchard from holdirr an 0-licence indefinitely (Anglo Dutch director lied to get 0-licence, CM 25 September 2008).

On appeal, the Transport Tribunal directed that Smith's repute be reconsidered because he had not attended the original public inquiry. It felt he should be given an opportunity to put his case.

When the matter once more came before the 'TC, Smith again did not attend. The TC confirmed his decision. A further hearing was arranged after Smith wrote to say he had been given insufficient notice of the public inquiry. Once again Smith failed to attend.

Macartney said that Smith had been one of the drivers of a Dutchregistered vehicle that was travelling between Calais and Dover in July 2007 which belonged to Browns of Durham. Smith was the nominated transport manager on the Anglo Dutch Logistics licence from September 2007 until August 2008. He was satisfied Smith was purely a figurehead and transport manager in name only ('Repute remains lost following no-show', CM 16 April).

Smith again appealed to the Transport Tribunal, denying he was the "B Smith" driving the Dutch-registered vehicle along with Pritchard. He maintained he had never been employed by ADL because it had never operated.

The Ti-ibunal said Smith's explanations were insufficient to explain his apparent involvement in the operation of a Dutch-registered vehicle, which was not specified on any 0-licence, or his involvement in which both Pritchard and Stidwell were or had been involved.


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