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Fisher gets his 0-licence back

15th September 1988
Page 22
Page 22, 15th September 1988 — Fisher gets his 0-licence back
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Which of the following most accurately describes the problem?

• A Bradford haulier who sold his business after being convicted of a drink/driving offence in 1981 has been granted a new 0-licence for a probationary period of 12 months, with a warning as to his future conduct, by North Eastern Deputy Licensing Authority Brian Horner.

Ramon Fisher, trading as R Fisher Haulage Contractor, had applied for a new national licence for two vehicles.

The DLA was told that Fisher had held a licence since about 1975 and had been operating three vehicles when he was disqualified from driving for 15 months for a drink/ driving offence. Because of the conviction the business was devasted and Fisher had had to sell his vehicles and make the drivers redundant.

Fisher had appeared before the LA in March and his HGV driving licence had been returned to him with effect from June. He had applied for a further operator's licence last September. There had been some misunderstanding, and he had been advised by the Traffic Area Office that his previous licence was still in existence.

As a result of this he had bought a vehicle for £12,000 and started operation. He had subsequently been stopped in a check and prosecuted for unauthorised use.

In evidence, Fisher said that but for the mistake he made in 1981 he would still be running his transport business.

Questioned by the DLA, Fisher agreed that the vehicle had had an 0-licence disc in the windscreen when stopped in the check, and said that it had been there when he had bought the vehicle at an auction. He agreed that in 1977 he had been convicted of driving without due care and attention, in 1981 of the drink/drive offence and failing to give a speci man of breath, in 1982 of having no insurance and driving while disqualified, and in 1984 of driving without due care and attention, as well as the unauthorised use case.

Fisher agreed that he had had no written confirmation from the Traffic Area Office that the licence was in existence before he commenced operation.

Asked why he had not declared the convictions on the 0-licence application form, Fisher said that he had forgotten. He said that they all related to private motoring and not to the operation of commercial vehicles.

Granting the licence, Homer said he was particularly concerned about Fisher's repute.

Licences were only granted after proper consideration, so it was most unwise to operate until the receipt of formal notification that a licence had been granted. Unauthorised use was regarded as a very serious mattter when considering repute and fitness to hold a licence.

A serious view would also be taken of any future failure to include all the relevant information on an application form, particularly with regard to the enforcement history.

The situation would be reviewed at the end of the year in the light of Fisher's conduct during that period.


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