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No return for vehicle which had been impounded twice
Page 33
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Firm operating without an 0-licence fails to persuade TC to return vehicle which had been impounded for the second time
BASILDON-BASED Dads Rentals,trading as Crownline International, has failed in a bid to reclaim a vehicle that had been impounded for the second time.
South Eastern & Metropolitan Traffic Commissioner Christopher Heaps was told that the vehicle, which was carrying a load of chilled chips on behalf of O'Leary International, had been checked at Dover Eastern Docks on 13 January. It was not displaying an 0-licence identity disc.
Driver Dean Thornton had told a traffic examiner that he was a director of Dads Rentals. Enquiries revealed that the company did not bold a licence and that the vehicle had been impounded.
When asked why the vehicle was not displaying an 0-licence disc, Thornton had said the company was running two vehicles under the licence of Sotrex; he had handed a community authorisation in that company's name to the traffic examiner.
Thornton admitted that he knew it was an offence not to have an 0-licence, saying that was why he was trying to get an 0-licence from Transport Advisory Service, which offered licence discs for `sale', until his firm's 0-licence came through.
Thornton had also admitted inserting false dates on his tachograph charts to conceal that he had exceeded the daily driving and duty limits. He had then admitted that Dads Rentals did not have an 0-licence and that he knew the vehicle had previously been impounded and released.
Darren Nuttall. a director of O'Leary International, had said Dads had been working indirectly for O'Leary for about two months and directly since the beginning of January.
Director Refusing to return the vehicle, the TC said that when the vehicle had previously been impounded in September 2004 it was being driven by another director, DavidTreloar. Treloar had told him that he had been operating under a licence in the name of David Jamieson, trading as DKS Transport, which he had 'purchased' from Transport Advisory Service. He had believed he could operate under that licence.
The TC had ordered the vehicle's return because he had accepted Treloar had believed he could operate under such a licence.
However, he was now satisfied that the company knew the vehicle was being used without a licence in January. The directors of Dads had known of the need for an 0licence because they had applied for a licence in January 2004 — that application had been refused in July 2004. •