Appeal lost on unpaid fees
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Bat hgate-based Derek Bertram has lost his appeal against the decision of Scottish Traffic Commissioner Michael Betts that his licence had automatically terminated because his annual licence fee was not received in time. Bertram, of Glasgow Road, Bathgate, held a licence for three vehicles and three trailers.
The Transport Tribunal dismissed Bertram's appeal saying that when the licence was granted he paid the five-yearly fee and elected to pay the additional charge for the specified vehicles on an annual basis.
lie was sent a notice in June 1998 requesting payment of the annual fee by the end of July but failed to make the payment. In August he went to the Traffic Area Office and said he had written a cheque on 16 June but not posted it.
An appeal was lodged on the grounds that the licence itself continued in force until the end of the five-year period. It was argued that the effect of not paying the additional charge was simply that Bertram would be unable to use the specified vehicles.
The DOT sent a submission to the Tribunal in which it stated that it was the Secretary of State's view that a failure to pay the annual vehicle fees by the prescribed time resulted in the licence ceasing to have effect at that time.
The Tribunal agreed.