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Haulier awaits return of his impounded recovery truck
Page 18
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.' A Tyneside operator of a 4 1 recovery vehicle which was .', impounded after it was used to carry parts of dismantled vehicles must wait to see if he will get it back. Jeffrey Tote, trading as JT Auto Salvage, of Walkergate, Newcastle upon Tyne, sought its return at a Leeds Public Inquiry before North Eastern Traffic Commissioner Tom Macartney. Mike French, appearing for the Vehicle Inspectorate, said Northumbria police had reported that the Mercedes two-axled rigid concerned was being used without an 0-licence.
Tote had said it was being used to recover cars and was taxed as a recovery vehicle. In February the vehicle was stopped by the police in Byker; it was found to be laden with engine components, body parts and wheels.
When told by a traffic examiner that the vehicle was being impounded Tote became abusive, said French. He was totally uncooperative, refusing to hand over the keys. The vehicle was given an immediate prohibition for a number of defects. French agreed that recovery vehicles were exempt from 0licensing and that the vehicle had been adapted to carry disabled vehicles. Roger Hird, appearing for Tote, argued that a misunderstanding of a fairly technical law could be grounds for saying that someone did not know that the vehicle was being operated illegally. Tote had not appreciated that while he could carry disabled vehicles, he could not carry parts of dismantled vehicles.
French said that in February it had been made clear to Tote that he needed an 0-licence but no application had been made.
Maintaining that the VI had been incredibly heavy handed, Hird said that Tote was not making mega bucks out of a dishonest business; he was trying to start a small business and had made one mistake on one occasion. He did not believe the legislation was ever intended to penalise someone like Tote.
VI intelligence officer Tracey Collins said that all that was necessary was one instance of unauthorised use. Questioned by the TC. Collins said that since the legislation came
into force she had been involved in about 31 vehicles being impounded. Every one, apar from one belonging to a hire company, ha( been given prohibition notices for safety critical items.
Tote said he had not known that he wa; using the vehicle illegally at the time and tha he could not move car parts with it. Since tin police had stopped him in February he ha( not carried anything on the vehicle that ha ought not to have done. He denied misusint the vehicle on other occasions but admittec using abusive language when the vehicle waE impounded, for which he later apologised The TC is to announce his decision at z later date in writing.