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Double loss for Morgan as
Page 20
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Tribunal refuses appeal
Hereford haulier Peter Morgan has lost his appeal against the revocation of his Operator's Licence and his disqualification from holding or obtaining such a licence for 18 months.
The West Midland Traffic
Commissioner David Dixon made the revocation and disqualification orders against Morgan, who trades as Morgan Transport. This followed concern over his maintenance record, use of an unauthorised operating centre, display of an out-of-date tax disc belonging to a different vehicle, and his conviction on 22 drivers' hours and tachograph offences, for which he was fined £8,450 and ordered to pay 1,4,941 costs. He held a licence for six vehicles and six trailers.
Before the Transport Tribunal, Paul Carless, for Morgan, argued that the revocation and dis
qualification were unduly severe. He pointed out that it was Morgan's first Public Inquiry in over nine years of operation.
He said that the convictions did not suggest any conspiracy between Morgan and his drivers and the fines imposed by the magistrates were at the lower end of the scale. The TC had accepted that Morgan did not put pressure on his drivers to commit offences. Maintenance had greatly improved as was evident fror the vehicle examiner's visit the beginning of July.
Dismissing the appeal, th Tribunal said that Carless ha made the very same points t the TC, who took them int account.
'We are satisfied that th Traffic Commissioner was eni tied to make all his findings an that there was ample evidenc to support his conclusions," th Tribunal said.
CASE HIGHLIGHT
It Is not the function of the Transport Tribunal to wholly re-visit Traffic Commissioner's decision and in particular his exercise discretion. The Tribunal's function is to review and the Tribunal i reluctant to interfere with an exercise of discretion unless it 1 shown to have been plainly wrong.