Tribunal confirms revocation
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• The Transport Tribunal has upheld the revocation of the licence held by Glasgow-based Ace Freight and the disqualification of the company and its principle director, Alexander Morrison, from holding a licence for three years.
But the tribunal quashed a sixmonth disqualification imposed on transport manager Katherine Morrison.
Ace Freight had held a licence for 16 vehicles and four trailers. The revocation and disqualification orders were made by Scottish Traffic Commissioner Michael Betts following a persistent failure to properly tax vehicles.
Dismissing the appeals by the company and Mr Morrison, but allowing Mrs Morrison's appeal, the Tribunal said it was clear that the TC had taken a serious view of the number of vehicle excise duty offences and the amount of back duty that the company was ordered to pay. The fact that it did not result
from a deliberate decision did not affect the essential dishonesty of the default.
The absence of maintenance or safety problems, the fact that all the vehicles were now taxed and that the company remained of appropriate financial standing, were no more than would be expected of any properly run haulage company. Set against the convictions, and the view the TC took of those convictions, these factors could not tip the balance in the company's favour.
As far as the company and Morrison were concerned, the Tribunal was satisfied that the TC had come to the only conclusion open to him. It had been argued that Mr Morrison's threeyear disqualification was too long. But the length of a disqualification was normally a matter for a TC and the Tribunal would only intervene if it were satisfied that the TC was "plainly wrong".
As far as Katherine Morrison was concerned, the TC had informed the Tribunal that the finding that she was a director at the relevant time was wrong.
Further investigation had shown she had resigned as a director in March 1995, so there was no power to disqualify her.