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TC reconsiders disqualification

14th January 1999
Page 24
Page 24, 14th January 1999 — TC reconsiders disqualification
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Which of the following most accurately describes the problem?

• South Eastern and Metropolitan Traffic Commissioner Brigadier Michael Turner is reconsidering his decision to disqualify Michael Byrne, a director of M&L Courier Services, from holding or obtaining an 0-licence for three years.

The Transport Tribunal heard an appeal by Byrne and sent the case back to the TC after it was satisfied the Shoreditch-based company had been called to public inquiry but the information had been kept from Byrne by MLL's transport manager, a Mr Cassidy The company was called to public inquiry in January 1998 after objections were raised by the Metropolitan Police about a number of matters. Cassidy represented the company and told

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the TC that the two directors were attending another court. According to Byrne that was a lie, and he maintained Cassidy had kept them in complete ignorance of the public inquiry. It was two to three months after the event that he discovered the company's licence had been revoked and that he had been disqualified from holding a licence.

Byrne felt aggrieved that through no fault of his own he had no opportunity to put his side of the story, said the Tribunal. Whether he would have persuaded the TC not to impose a disqualification order it had no means of knowing, so it was only right that Byrne should have a chance to present his explanation to the Commissioner.

However, Byrne must understand that he could expect difficult and searching questions to be asked in relation to his supervision of the company, and there was no way of knowing whether he would succeed in his aim to avoid disqualification.


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