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Decision to revoke licence upheld
Page 20
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Somerset-based Douglas Wilkins has lost his appeal against the decision of the Western Traffic Com
missioner Philip Brown to refuse his application for a fresh 0-licence.
Wilkins, who traded as C Wilkins Haulage, had a licence revoked in July 2000 because of problems over maintenance, drivers' hours and tachographs at his depot in Langport.
He made an application for a new licence and was given interim authority to operate in December 2000.
In June 2001 his maintenance system was evaluated and considered to be satisfactory. However, as far as drivers' hours and tachographs were concerned. traffic examiner Allison Tipper told the TC that she was seriously concerned about Wilkins' lack of understanding of the law.
Brown indicated that he would be prepared to grant Wilkins a licence provided he could see two months' worth of satisfactory tachograph charts up to the end of August. In September Tipper presented a further report to the TC which stated that the general condition of the 30 charts analysed was poor, the mode switch was used at best intermittently and on two occasions Wilkins had failed to have a break after 4.5 hours' driving. Tipper concluded that there were still one or two problems symptomatic of a fundamental lack of understanding of some of the most basic record keeping and drivers' hours requirements.
Before the Transport Tribunal, Wilkins' defence. Paul Carless, argued that Brown had been wrong to rely upon that report without giving Wilkins an opportunity to be heard. Carless accepted that the TO had been patient with Wilkins and said he had been surprised that Wilkins had been given a further opportunity to grasp the rules in relation to drivers' hours and tachographs. However, he said that Tipper's report showed a real improvement in Wilkins' compliance.
Disagreeing, and dismissing Wilkins' appeal, the Tribunal said that Brown had given Wilkins his fourth and final chance to demonstrate that he was capable of complying with the rules.