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Economic hardship is not a defence

18th December 2008
Page 29
Page 29, 18th December 2008 — Economic hardship is not a defence
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THE TRANSPORT Tribunal has refused an appeal against a decision cutting a haulier's licence from two trucks to one, rejecting a plea that this would cause severe economic loss.

It ruled that a failure to keep undertakings and persistent unauthorised vehicle use were too serious to ignore.

Halifax-based David Turner, trading as DT Services, had his licence cut by the North Eastern Deputy Traffic Commissioner, Mark Hinchliffe. In January 2007, Turner's licence was suspended, and he gave a number of undertakings relating to vehicle maintenance. He was again called before the DTC after seeking to increase his licence to four vehicles.

The DTC was told that an immediate prohibition and a delayed prohibition had been issued since January 2007, inspection intervals had become extended, the daily written drivers' defect reporting system was not being carried out, and the two-year tachograph calibration check was out of date on one vehicle, and that three vehicles rather than two had been frequently operated.

Turner accepted that he had not kept the undertaking regarding inspection intervals, saying he had been distracted by a criminal attack requiring hospital treatment and a road accident in which he had been the innocent victim.

He now had a secretary who would assist in management, and an ex-senior traffic examiner had agreed to review the drivers' hours and tacho monitoring systems, as well as provide any training.

In refusing the additional vehicles and cutting the licence. the DTC said the previous suspension had clearly failed in persuading Turner of the importance of scrupulous and meticulous compliance.

Before the Tribunal, Hywell Jenkins, for Turner, argued the authorisation of only one vehicle would not only cause severe economic loss, but would also put him out of business, which was not what the DTC had intended.

The Tribunal said that in view of the serious breach of undertakings and the persistent unauthorised use, 'Rimer had done well to survive before the DTC and be able to continue to operate.

Tags

Organisations: TRANSPORT Tribunal
Locations: Halifax

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