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Tribunal overturns licence curtailment
Page 35
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AN OPERATOR whose licence was curtailed by the Western Traffic Commissioner Philip Brown has had the decision overturned by the Transport Tribunal.
The TC had ordered that the licence held by Salisbury-based Cassels Transport was reduced from 15 vehicles and 15 trailers to 10 vehicles and 10 trailers, The company had been granted a licence in 2000 on condition that Alexander Cassels, whose own licence had been revoked, would play no part in the company's management.
An order for Cassels' disqualification had subsequently been set aside by the Transport Tribunal. n 2002 Cassels had been appointed a director and nominated as an additional transport manager.
In March 2005 a vehicle driven by Cassels had been given an immediate S-marked prohibition for a smashed windscreen.
Cassels had told Brown that he did not know the condition imposed in 2000 remained on the licence. He had assumed that his successful appeal to the Transport Tribunal meant he could be involved in the operation of vehicles.
The damage to the windscreen had been caused by a bird strike and Cassels had considered it safe to continue driving rather than risk stopping on the A14.
Issuing a formal warning, the Tribunal said it was satisfied that the undertaking given in June 2000 had not been breached deliberately. It accepted there had been an "innocent misunderstandingabout the effect of the previous appeal decision.
There had been nosystematic failures in maintenance after Apri12002 and it was not proportionate to cut the fleet by a third because of the windscreen incident.