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Bell refuses to return impounded tractors
Page 12
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I by Mike Jewell
orth Western Traffic Commisoner Beverly Bell has refused return eight Scanias to K9 )gistics (UK) at a recent Ipounding appeal. The tractors are confiscated by the Vehicle spectorate because they were nning without 0-licence authoation ( CM2-8 May).
K9 was subcontracting for Ferrymasters; K9 director axander Anderson had told TO that the vehicles weFe hired from McElvaney Motors, one of the largest Scania agents in the Republic of Ireland.
Anderson said he did not realise there was no 0-licence in force, adding that although McElvaney Motors MD Oliver McElvaney was also a director of KB, he had no knowledge of KB's misdemeanours.
Bell said that Anderson's evidence was not to be believed and ft was clear that the illegal operation had been going on for some time. She was satisfied that Anderson was the "brains" of the illegal enterprise, but McElvaney Motors had failed to persuade her that it was entitled to rely on the law for the return of the vehicles.
She had reedy
ed no evidence from Oliver McElvaney, and as he was also a director of K9 she believed he had either direct or implied knowledge of KS's illegal activities, She noted that McElvaney Motors was a main Scania dealer.
Bell also pointed out that two well known names within the industry were mentioned in this case. It was not appropriate to criticise P&O Ferrymasters as she had not had the opportunity of hearing from the company. But she did urge all those involved in the industry who subcontract their work to ensure that vehicles being used in this way were 0-licenced.
The TO directed that copies of her decision be sent to P&O Ferrymasters and Scania and she instructed the Vehicle Inspectorate to investigate P&O Ferrymasters' involvement in this case.