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Licence back but still slapped hard
Page 31
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A Tribunal overturns a TC's decision to revoke, based on a faulty understanding of the cabotage laws.
But he was right to censure...
THE TRANSPORT TRIBUNAL has quashed the revocation of the licence held by Mendlesham-based Heavypak Haulage and the indefinite disqualification of the company and its MD Garith Banham. Instead the Tribunal has suspended the licence for 21 days.
The company had been called before Eastern Traffic Commissioner Geoffrey Simms because Belgian-based Romantiek BVBA, of which Garith Banham was sole director.was regularly keeping all 14 of its Belgian registered vehicles at Mendlesham and carrying out domestic haulage in the UK.
Banham's son Gary. trading as Powerfavour and operating from the same site, had his licence revoked and was disqualified from holding an 0-licence indefinitely in October 2002. Gary Banham employed and paid the drivers who he supplied to Roman tiek.
Suffolk police alleged that Romantiek was largely run by Gary Banham to get round his disqualification.Two unauthorised vehicles had been used in this country in addition to the 14 Belgian-licensed vehicles and requested tachograph records were not produced.
Cynical disregard
When he revoked the Heavypak licence the TC had spoken of a cynical and calculated disregard for UK law governing vehicle licensing and taxation. Gad th Banham had been evading the law by enabling a disqualified person to continue to operate goods vehicles by deceit.
Simms had said that a recurring theme of the Banhams' activities, past and present, was the failure to produce tachograph records — more recently they had felt beyond the jurisdiction of Suffolk police by citing the Belgium connection. He had concluded this was nothing but a sham (CM 25 September).
However, the Tribunal found the TC had been wrong to assume that cabotage reqt international journeys by a foreign operat■ fact it permitted national journeys by a fon registered operator from another EU state TC's belief that Garith Banham was atte: ing to circumvent the UK licensing system based on this mistake.
Clear link
But the Tribunal backed the TC's decisic take account of a breach of Belgian law by mantiek which had led to the revocation c Belgian licence for 45 days.
That was clearly relevant as the two c panics were linked by their sole directc he broke Belgian law it clearly refiectec his likely commitment to good managen in England.
Holding that the revocation and disquali tion orders were too harsh, the Tribunal not convinced that Heavypak was a fron. unlawful activity by Gary Banham.
Ordering the suspension, the Tribunal Garith Banham had admitted running Belgian vehicles on the Heavypak licenct months without authority. In addition h■ and tacho convictions had not been repo. to the TC.
A 21-day suspension was not dispro] tionate considering the admitted fault! Heavypak Haulage and its sole director, Ga Banham, who used Heavypak Haulage af alter ego.•