Q When I applied for a renewal of my operator's licence
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my fleet was examined and found in order, and my records were considered satisfactory. Nevertheless, because of three prohibition notices in two years I was called to public inquiry, and two of my vehicles were suspended for a month. I feel that this was harsh in view of the, in my view, trivial nature of the defects listed on the GV9s. To whom should I complain?
A If you feel aggrieved by the decision of the Licensing Authority you may appeal to the Transport Tribunal. If you do appeal, the decision of the LA is suspended till the appeal is heard.
However, you should not appeal unless you feel that the LA has not given proper consideration 'to the evidence before him at the public inquiry, or you have some valid reason to put forward as to why you think he has been unduly harsh. The fact that you consider the defects listed on the prohibition notice which provoked the inquiry to be trivial is not sufficient. The nature of the defedts Might well be a matter Of 'opinion n d the LA's and 'his vehicle examiner's opinion is of equal valiidilty with yours.
It might be that it was considered that the defects should have been noticed at a routine preventive maintenance inspection and rectified before
they could have been detected at a roadside check. This would suggest that, though your records were adequate and in order, the proper maintenance care was lacking. It is not just the nature of the defects which is taken into account but the implication which lies behind their discovery.
It is worth seeking legal opinion before you decide to invoke this procedure.