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Appeal won over impounded vehicle
Page 25
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HUNTLY-BASED James Tones, trading as James C Innes ei Sons, has won an appeal over the refusal by Joan A itken, the Scottish Traffic Commissioner (TC), to return a vehicle that was impounded after it was found to be in use following the revocation of his 0-licence.
Innes has triumphed insofar as the Transport Tribunal has directed that the matter he considered by a different TC.
In March 2008, Scottish DTC Richard McFarlane revoked Innes' 0-licence, which authorised 18 vehicles and 25 trailers That decision was upheld by the Transport Tribunal, and a subsequent appeal was rejected by the Court of Session.
Innes had sought the return of the vehicle on the grounds that he was unaware it was being used without an 0-licence because it had been hired to Magee Haulage of Co Tyrone.
Aitken made her decision without a public inquiry. She considered that Innes could not be trusted, either to operate goods vehicles compliantly or to tell the truth.
She concluded that the whole arrangement with Magee Haulage was a sham to get Innes operating again, and was in defiance of the orders made against him.
The Tribunal said it was not enough for the TC to disbelieve what Innes said on paper, unless the position was so overwhelming. She had to deal with his allegation that he understood everything to be in order. Although Innes might have an uphill task, he was still entitled to have his day in court.