Restriction on partner moving own produce
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Miele & Davis Transport of Wychavon, H & W
• A partnership was not entitled to a restricted licence when the goods :o be carried belonged to only one of the partners, ruled West Midland LA John Mervyn 'Pugh, refusing an application for a new one-v hicle restricted licence by Frank Miele anc Malcolm Davis, trading as Miele & DavisTransport.
The application was opposed by WyChavon District Council and there were representations on environmental grounds from six residents.
For the partners, it was said that Miele was a market gardener. He wanted to transport his own produce to market and Davis would run the transport side. They had agreed to a voluntary lOmph speed limit along the access lane and to share the cost of its maintenance.
The LA said that he took the view. that if an operator offered an undertaking, it was binding, despite comments by the Transport Tribunal. Insider in Legal Bulletin had commented that if undertakings were not enforceable the whole licensing system was at risk. In that, he had hit the nail on the head.
The council opposed the grant of the licence 1.