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136 
P LEGAL DECISION
Page 9
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Oliver Loses UK-wide disqualification appeal
By Chris Tindalt KATHARINE OLIVER, the North-East operator, has failed in her appeal against UK-wide disqualification. after the Transport Tribunal concluded that she couldn't be trusted to comply with the regulatory regime.
Judge Michael Brodrick said North-Eastern Deputy Traffic Commissioner (DTC) Mark Hinchliffe's decision to disqualify Oliver — partner in JW Swan & Partners — until May 2012 (CM 22 Jan), was correct, and that any future application by her could only be successful if she sufficiently changed her attitude towards the licensing system and VOSA.
Oliver's long-running battle against North-Western Traffic Commissioner (TC) Beverley Bell's (pictured) and DTC Hinchliffe's decisions rested on eight grounds of appeal. but Judge Brodrick dismissed each of these, even stating she was "her own worst enemy" and "untruthful': JW Swan & Partners' licence was revoked in December 2007 after TC Bell ruled it had been used for the sole purpose of allowing vehicles previously operated by Oliver's partnership to continue operation.
She did not disqualify directors John Swan, his wife, Elsie, and their daughter, Katharine.
However, Bell then spotted one of the partnership's tractor units on the M6 hauling for a customer. An investigation and a public inquiry (PI) followed, where both Oliver and Elsie Swan were disqualified indefinitely. An appeal found in Oliver's favour, since Bell was considered a potential witness and she should not have been acting in a judicial capacity as a result.
A new PI, which was held in front of DTC Hinchliffe, found Oliver to have been "disgracefully arrogant and entirely inappropriate" towards VOSA's enquiries.
He chose not to disqualify the Swans, but found Oliver was not fit to hold a licence.
The tribunal concluded: "The [DTC] conducted the PI with scrupulous fairness.
"We are also satisfied that in a detailed and careful decision, he came to conclusions which are fully supported by the evidence."