Senior TC questions partial flagging out
Page 12
If you've noticed an error in this article please click here to report it so we can fix it.
• by Mike Jewel The legality of partial flagging Out has been called into question again by Senior Traffic Commissioner Michael Betts.
The issue arose when Betts was considering an appeal by Minishant, Ayrshire-based Reids Transport, which was contesting a decision to delete Irish-registered vehicles from its Scottish 0-licence because they were also specified on an Irish mad carriers' licence.
Authorisation had been cut from 35 vehicles and 45 trailers to four vehicles and six trailers and the number of Community Authorisations held by the company had also been cut to four. (CM6-12 April).
Betts held that total flagging out is perfectly legitimate. However, he warned that partial flagging out falls foul of the vehicle excise duty legislation. This legislation implies that such vehicles are "normally" abroad, said Betts.
"They cannot then normally be kept at an operating centre in the United Kingdom and therefore cannot be put on a British 0-licence," he added.
The TC also refused to accept an application from Reds to remove the 26 Irishregistered vehicles from its licence. He said: it is a deliberate last minute attempt to avoid the hearing of a high-profile case that requires determination in the interests of the industry at large."
For Reids, Michael Whiteford said that the main concern had been that these particular vehicles had been specified on two licences. The TC had before him an application that was an attempt to resolve that matter so that both Reids and its Irish associate Reids Bulk Transport (Ireland) was clearly responsible to each member state, he added.
The TC is to announce his decision in writing.