Advice put haulier "in mire"
Page 26
If you've noticed an error in this article please click here to report it so we can fix it.
• Brigg Magistrates cleared transport manager David Dent of ABC (Grimsby) of using a vehicle without an operator's licence last week with an absolute discharge, when the court was told that he and his employers had been given misleading advice by the North Eastern Traffic Area and that they had ended up in a "mire" of legal confusion.
Dent was fined 250 plus 20 prosecution costs after he admitted a further offence of failing to display a Ministry plate on his vehicle. Stephen Baggott, prosecuting for the Traffic Area, did not deny allegations that Dent had made a false statement in order to get his company's licence varied, that he had used an 0licence identity disc with intent to decieve, or that he had been aided and abetted by the company. The charges were dismissed by the magistrates.
Baggott said an error by the now-defunct East Midlands Traffic Area had meant Dent was the nominated CPC holder on ABC's licence as well as CPC holder for a business he operated in his own name. When the anomaly was pointed out by the North Eastern Area, Dent decided not to proceed with an application to vary the company's licence by adding one vehicle. Exactly one year later that vehicle was stopped while not displaying a Ministry plate and inquiries revealed that Dent was running his own buisiness with a vehicle specified on ABC's licence, rather than on his own licence.
Anthony Goldstaub, defending, said Dent had owned the vehicle for many years, em ploying his own driver, and that he included it in his management of ABC's vehicles.
The former East Midlands Licensing Authority, Cecil Sheridan, had taken the view that the situation was lawful but when the North Eastern Traffic Area became the relevant authority it disagreed.
The Traffic Area wrote to say that Dent could not be em ployed by ABC while he was the CPC holder for his own business as he had to be employed full time on that job.
There was no such requirement in law which required individual licence holders who held a CPC to work full time in their businesses said Goldstaub. The traffic area office had suggested that Dent withdraw his renewal application and transfer the vehicle to ABC's licence. The court was told that Dent and ABC had done their level best to comply with the law, in accordance with the guidelines given to them by the North Eastern Traffic Area, but they had been prosecuted for their pains. The magistrates ordered that ABC's defence costs be paid out of central funds.
• We have been asked by Foster Tachograph Analysis of Preston to point out that it was only involved in the case of Derek Richardson (CM 24 February-2 March) from 2 February and that the handing-over of charts referred to in our report was the first occasion on which Foster had access to those charts.