Tribunal orders LA back to the archives
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AN OPERATOR which may have suffered from unwritten undertakings has had his case referred back to the Eastern Deputy Licensing Authority.
The Transport Tribunal was hearing the appeal by Essex Demolition Contractors Ltd, of Chelmsford, against the revocation of its Operator's licence and the DLA's refusal to grant a new licence.
EDC's tale of woe began when a letter dated December 31, 1979, stated that the LA would be holding a public inquiry to consider an immediate prohibition on one of its vehicles. The company an
swered "yes" to five questions on an attached 0/licence application form.
At the inquiry, the DLA produced a copy of a 1974 letter in which it was said that the 0licence would be granted only if recorded maintenance inspections were carried out every two months by two named firms in Chelmsford.
It stipulated also that EDC should carry out inspections every month, and that a system of drivers' defect reports would be operated.
EDC's solicitor told the LA then that he was not previously aware of such undertakings. The EDC managing director did not attend that inquiry, and he was unable to take instructions on that mailer.
The solicitor then conducted the case on the basis that it would be difficult for him to show that the undertakings had been strictly complied with, and made an "unattractive" plea in mitigation to the DLA.
For the company, Christopher Gardner told the Tribunal that no such undertakings had ever been given. The Tribunal felt that, if this was the case, EDC might have been dealt with more leniently by the DLA.
Tribunal president George Squibb said the matter should be referred back to the DLA, partly to see whether more evidence exists in his archives, and partly to give the matter a further airing