REPUTE IN DISPUTE
Page 16
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Here's one for all you barrack room lawyers—what constitutes Good Repute for the purpose of an 0-licence?
According to the 0-licence regs: "A Licensing Authority shall determine that an individual is not of good repute if he has been convicted of serious offences or has been repeatedly convicted of road traffic offences. ..a serious offence is an offence, Jar which a sentence of imprisonment for a term exceeding three months, a fine exceeding Level 4.. .or a community service order for more than 60 hours was imposed..." To get down to specifics, you might assume that a haulier convicted of stealing a semi-trailer would lose his good repute and with it his 0-licence. Not so.
Turn to page 16 and see how Hough, Cheshire haulier Gary Murphy has made an ass out of the law. In March 1991 Stoke-on-Trent Crown Court convicted him of the theft of a trailer and imposed a 15-month suspended sentence. He kept his 0 licence. Last month Murphy was fined 1,500 by Lincoln Crown Court for the theft of another semi-trailer—an offence committed while still under the 15-month suspended sentence. As CM closed for press Murphy still held a licence. How come? Under the terms of an 0licence, the holder is required to report any event which could affect his repute within 28 days. But what if he fails to do so? Unless the police report the case to tle relevant Traffic Area Office the Traffic Commissioner won't know who's been breaking the law, unless he reads about it in CM's legal news pages! As a result a twice convicted thief still holds an 0-licence. We can't help but wonder how legitimate operators, particularly Murphy's victims, feel about this state of affairs.
It's time that the Traffic Area Offices were automatically — and immediately informed by the courts when a haulier is convicted of breaking the law. In court Murphy's lawyer said he was normally an honest and hard-working man who had built up his own business. Normally honest and hard working me" don't steal semitrailers—particularly while they are under a suspended prison sentence. If that's good repute then we're a bunch of bananas.