Revoked but not yet
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by Mike Jewell • The 50-vehicle, 18-trailer licence held by Kirkcaldy-based Thomas Muir (Haulage) has been revoked by Scottish Licensing Authority Michael Betts. But the LA has directed that his decision will not take effect until an appeal to the Transport Tribunal has been heard.
The company was called before the LA at an Edinburgh disciplinary inquiry following 12 immediate prohibitions, eight of which indicated significant maintenance failure, issued since the last appearance before the LA in November 1993. The licence was renewed then for a reduced number of vehicles for one year only, with a final warning on maintenance. Since that appearance, there had been eight delayed prohibitions arid variation notices were issued seven times after additional defects were found when vehicles were produced for clearance. In addition, the company or its drivers had been convicted of differing offences on seven different occasions.
Roderick McKenzie, for the company, said that it had a large fleet doing high mileage, which was why the number of prohibitions looked high. There were no complaints about maintenance facilities or maintenance staff and there had been a satisfactory fleet inspection in September 1994 when 20 vehicles were examined and only two delayed prohibitions issued, he added. Urging the LA not to take any action against the licence, McKenzie said that the company was a significant employer in the area and it was doing all it could to prevent further failings.
Betts said that the prohibitions, with the exception of those issued in the September 1994 check, he considered were a more realistic assessment of the effectiveness of the company's maintenance systems than inspections carried out with prior notice.
The recent year-on-year records of prohibitions showed no sign of improvement. it would be tempting to accede to MacKenzie's request, but he would be failing in his duty were he to do so.