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Lams haulier fined £170

18th July 1975, Page 17
18th July 1975
Page 17
Page 17, 18th July 1975 — Lams haulier fined £170
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PLATING and testing, excise licence, 0-licence and drivers' records offences led to a Lancashire operator being fined a total of £170 with £50 costs by Preston magistrates last Friday. The operator concerned, James Gordon Stewart of Jepps Lane, Barton, was also ordered to pay £191.25 back duty.

Prosecuting, Mr Johnathan Lawton said there were eight offences of using an unplated vehicle, eight offences of using a vehicle without a current test certificate, eight offences of using a vehicle without the authority of an 0-licence, four offences of using a vehicle not properly taxed, one offence of failing to produce drivers' records when requested, and one offence for failing to produce a register of the issue of drivers' records books.

A vehicle belonging to the defendant was stopped in a road-side check. An examination revealed that it had not been plated and tested and it did not have a current excise licence. Despite various efforts by a DoE traffic examiner, Stewart failed to produce drivers' records. Ultimately, copies were obtained from the driver and the other offences came to light.

For the defendant, Mr Michael Leach said Stewart's problems had arisen from the fact that he had been unable to obtain an appointment for a test for the vehicle from Swansea despite a written application and numerous telephone calls. He himself had telephoned the lady he was instructed the defendant had spoken to at Swansea, only to be told that she had left. It was clear that in some government departments delays did occur.

He reminded the magistrates that it was not possible to tax a vehicle without a current test certificate being produced. Mr Leach said that this was also why the unauthorised use offences had arisen because Stewart had believed he would be unable to obtain an 0licence for the same reason.

Mr Lawton said the defendant had previous convictions for unauthorised use. In his experience there was no complaint about delays at Swansea in dealing with applications for tests. When Stewart was initially interviewed about these matters he had said he had made a written application for a test appointment enclosing the appropriate fee. He had been unable to remember the amount of the fee, produce a cheque stub or confirmation that a payment had been made through his bank.

The magistrates fined Stewart £10 on each excise licence offence and £5 on each of the remaining offences.


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