Public inquiry forced rethink
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The Transport Tribunal has quashed the revocation of the Operator's Licence held by Lai Hussain and Mohammed Arshad, saying that Eastern Deputy Traffic Commissioner Ian Fowler had been wrong to revoke the licence.
The Tribunal said the maintenance history of the partners, who trade as Thara Stores, of High Wycombe, left a lot to be desired. Rut Arshad had explained that this had been caused by family problems.
It seemed that being called to public inquiry had the desired effect of forcing the partners to make proper maintenance arrangements, the Tribunal added. The twomonth delay in bringing the revocation into effect did not suggest that the Deputy IC had any immediate concern for road safety: the revocation was apparently designed to make the partners start again.
Those factors showed that revocation was neither necessary nor appropriate. A four to six-week suspension would have brought home to the partners the inconvenience and expense of being without their vehicle.
Were it not that the partners had been unable to use their vehicle from the beginning of January until 11 February, the Tribunal said it would have substituted a six-week suspension for the revocation.
But it concluded that a further period of suspension would be unjust.