I LEGAL BRIEFS
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Appeal won
AMERSHAM-BASED the Racing Bug, which failed to realise its 0-licence renewal fee was due the same month it received its 0-licence identity disc, has won its appeal against the automatic termination of its licence.
Although the licence was granted in August 2008, a vehicle was not specified until June 2009. When the renewal fee was not paid by the end of July, the licence was automatically terminated.
The company accepted responsibility for not noticing the licence disc expired on 31 July, but requested that late payment be accepted.
However, the Eastern 'Baffle Commissioner Richard Turritt decided there were no exceptional circumstances that allowed late payment of the renewal fee.
Allowing the appeal, the Tribunal said the firm's mistake was understandable.
Additionally, it did not consider the business should be put under any threat by requiring a fresh application for a licence.
Revocation upheld
The revocation of the 0-licence held by Gateshead-based S&A Bruford Transport for failures to reply to correspondence from the Traffic Area Office and VOSA has been upheld on appealrl he company held a licence for 11 vehicles and seven trailers.
In November 2008,a vehicle examiner and a traffic examiner tried to make an appointment to carry out an investigation without success.
The North-Eastern Traffic Area Office wrote to the firm saying the Traffic Commissioner proposed revoking the 0-licence, and that the TC would hold a public inquiry if so requested. No response was received from the company, so the licence was revoked.
Upholding the revocation, the Appeal Tribunal said the TC's decision was correct.
Licence cut
What were described as -serious maintenance problemsby the North-Western Traffic Commissioner Beverley Bell have resulted in the restricted 0-licence held by Birken headbased Acorn Contract Services being cut from nine vehicles and nine trailers to four vehicles and four trailers for six and a half weeks, and thereafter to five vehicles and five trailers.
Vehicle examiner Colin Haselden said inspection intervals varied between four and 34 weeks.
Dates on the forward planner did not match with the inspection records. There was a poor annual vehicle test pass rate. In the past five years, there had been six immediate and two delayed prohibitions issued.
The TC said that what had saved the firm from having its licence revoked was that it had enlisted help from a transport consultant when she adjourned proceedings for five days.