Revocation: cause for concern?
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Tony Biker might have kept his 0-licence if his case had been heard when LAs had more freedom of choice.
• North Eastern Licensing Authority Fred Whalley acted swiftly when AW Biker, trading as Bikers of Bedale, managing director Tony Biker and 14 drivers were convicted of tachograph fraud.
They were found guilty in May — and within six weeks the firm's licence had been revoked at a Leeds disciplinary inquiry.
Since October 1990 a conviction for tachograph record falsification at a Crown Court leading to a jail sentence or heavy fine has meant that an LA is required to revoke an operator's licence for loss of good repute. LAs previously had to decide when an operator had lost his good repute.
0 In September 1989 bulk haulier Stanley Fernyhough, of Macclesfield was jailed for 15 months for conspiring with drivers to steal part loads of grain. In March 1990 he was jailed for a further nine months for conspiring with employees to falsify tacho records.
In October 1991, some 19 months after the tachograph convictions, Fernyhough appeared before West Midland Deputy LA Roger Seymour. His licence was revoked and he was disqualified from holding or obtaining an operator's licence for a period of five years. El In March 1990 Raymond Ferris trading as Ferris Coach Holidays, of Senghenydd, was jailed for nine months for aiding and abetting drivers to falsify tachograph charts. His appeal against sentence was subsequently rejected by the Court of Appeal in May 1990. In June he appeared before South Wales Deputy Traffic Commissioner Lyndon Davies who revoked his PSV Operator's Licence and disqualified him for five years.
0 In April 1991 Thomas Gordon, trading as Gordons of Kirkbride, was given a nine-month prison sentence, suspended for two years, and fined £18,300 for aiding and abetting drivers to make false entries on tachograph charts and make false declarations in applications for VED.
In July 1991 Gordon appeared before North Western Traffic Commissioner Martin Albu who revoked his international licence with effect from the end of August, but made no order for disqualification and recommended that Gordon apply for a new national licence. This was subsequently granted.
0 In April 1991 Bathgate-based MRS Distribution was fined £10,000 for offences involving false tachograph records.
The company holds licences in both the Scottish and North Western Traffic Areas, The Scottish Area is understood to have written a warning letter to the company; the North Western Traffic Area initially called the company to a disciplinary inquiry in May 1992.
That inquiry was subsequently cancelled, and the company was sent a warning letter, following written representations from its solicitors. There may be sound reasons for such a decision but, as the Transport Tribunal remarked in the John Dee case, natural justice requires justice not only to be done but to be seen to be done.
In September 1992 Bulman Bulk & Haulage of Penrith was fined £9,500 for aiding and abetting drivers to falsify tachograph charts.
In February 1992 North Western LA Martin Albu revoked the company's licence but directed that his decision should not take effect for 14 days, indicating that if Bulman applied for a licence in that time it would probably be granted — and it was.