The Transport Tribunal has upheld the revocation of the licence held by Cumbrian haulier Thomas Smith for falsifying tachograph records.
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Revoking the licence, North Western Traffic Commissioner Beverley Bell had concluded that Salterbeck, Workingtonbased Smith, who held a licence for two vehicles and two trailers, had not been honest with her.
Evidence had been given by the police that Smith had been fined £3,000 with £600 costs at Carlisle Crown Court in May 2000 after pleading guilty to three counts of falsifying tachograph records. Another seven similar charges had been left on file ( CM9-15 Nov 2000).
Appearing before the Tribunal, Smith argued that he had been punished enough and it was unfair that he should lose his tence and his repute for four years. Immediately prior to the offences he had bought a second vehicle for 210,000. Since the Crown Court hearing he had organised his paperwork and tachograph charts and had paid substantial legal fees.
Smith also maintained that the TC had been wrong to take account of a speeding offence committed in Devon by another driver and a written warning over an overload.
Dismissing Smith's appeal. the Tribunal said the TC was perfectly entitled to consider all the alleged falsifications whei assessing Smith's repute. Then was abundant evidence for thi TC to conclude that the chart had been falsified and she wa entitled to conclude that Smit had lost his repute.
"Revocation is mandator following such a finding," sail the Tribunal. It stressed that . TC was entitled to take int, account reports of speeding o overloading when considerin an operator's fitness to holl a licence.