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Tribunal criticises TC Simms in ND 0-licence judgement

1st November 2001
Page 6
Page 6, 1st November 2001 — Tribunal criticises TC Simms in ND 0-licence judgement
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Keywords : Law / Crime

ii by Cliff Caswell

Eastern Area Traffic Commissioner Geoffrey Simms has been criticised for failing to carry out "the correct balancing exercise" when he revoked the eastern area 0-licence held by French haulage giant Norbert Dentressangle.

Last week CM reported that the decision to revoke ND's 0-licence had been set aside by the Transport Tribunal, which decided that the case should be referred to another IC. Now CM has seen a copy of the judgment, which condemns Simms for failing to consider a "very impressive reduction in the rate of infringements" when he decided the fate of the firm's Aylesbury-based division.

Following representations by Stephen Kirkbright on behalf of the company, Jacqueline Beech. chairman of the tribunal. concluded: "We cannot be satisfied that the Traffic Commissioner undertook the correct balancing exercise that was required of him."

But the judgement also makes it clear that Simms was right to consider the case to be serious, and points out that he "took a careful analysis of the nature and seriousness" of the infringements.

As previously reported, the decision means that the company can continue to operate out of its depot temporarily.

The revocation, in June. followed evidence of 76 drivers' hours breaches by 29 drivers.

Last year the firm narrowly avoided losing its repute in the Eastern Traffic Area after hours breaches on the Continent and 18 prohibition notices in a threeyear period.

Upholding the appeal, the Transport Tribunal said that Simms had only considered the negative aspects of the evidence for November 2000 and June 2001.

The judgement says: "He further failed to refer to the systems, such as the bonus scheme and the maximum nine-hour driving day, that had resulted in the reduction of infringements. We consider that it is of importance where revocation is being considered that the correct balancing exercise is carried out. This does not appear to have been done in this case." News of the decision has been we comed by Dentressangle bosses.

Petar Cvetkovic. MD of the firm's U operation, says: "It is good news for tt company and we are encouraged by tt Transport Tribunal's decision. However, 11 will have to go through the entire procer once more under a different Traff Commissioner. We were convinced that %1 had made enormous advances in both pen sonnel and systems."


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