Tribunal punishes quake man
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A Stafford operator who was in Turkey when there was a Mara earthquake involving members of his family has lost his appeal against the termination of his 0-licence because the renewal fee was not paid on time.
The Transport Tribunal was told that Tunscay Silahsor, trading as Civan Transport, had held a one-vehicle licence. Ile had relied on his common-law wife Marlene Notman to keep his business in order.
On 15 July the Traffic Area Office (TAO) wrote asking for £34 by the end of August. At the beginning of August Silahsor went to Turkey and was there where there was a severe earthquake involving members of his family.
He returned to England in November but did not return to live with Mrs Holman. He collected his correspondence from Mrs Notman, including the letter of 15 July, and sent a cheque to the TAO which was returned because it was unsigned. He sent a signed cheque which was received on 3 December.
On B December the TAO told Silahsor that his licence had been terminated. He appealed on the grounds that he was in Turkey when the payment of the fee was due and that he had left
his common-law wife to deal with his business and she had not realised that payment should have been made.
The Tribunal commented that Silahsor had not asked the IC to find "exceptional circumstances", and it might be that the standard letter sent by TAOs in these oases ought to refer to that provision. But iii this case nothing had been lost by that omission.
Although the Tribunal recognised that the circumstances were unfortunate, it did not consider that they were exceptional. In the absence of exceptional circumstances termination was automatic.