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'Recklessly' ignoring law leads to a five-week suspension

20th April 2006, Page 38
20th April 2006
Page 38
Page 38, 20th April 2006 — 'Recklessly' ignoring law leads to a five-week suspension
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A COMPANY committed a criminal act by ignoring an order to curtail its fleet from four vehicles to one. As a result of its "reckless" behaviour, its licence has been suspended for five weeks The company blamed its decision to flout the law on commercial pressures Reclaimed Appliances of Boston. Lincs. appeared before the Eastern Traffic Commissioner Geoffrey Simms. It held a licence for four vehicles and two trailers. In September 2005 that was curtailed to one vehicle and two trailers on financial grounds with effect from 14 October.The company was also instructed to remove a foreign-registered vehicle from its licence by the end of November. Requests for the surrender of licence discs for three vehicles were not complied with until 9 November 2005. In the meantime, a variation application to add nine vehicles had been received.

Senior traffic examiner Malcolm Bentley said that enquiries revealed five vehicles were being used on 14 October. Four vehicles continued to be used after the curtailment order took effect and until 21 November, with approximately 17,000 unauthorised kilometres being covered. Director Robert Truscott said he believed he had up to 14 October to produce financial evidence. He was driven by commercial pressure to service his contracts. Loss of the licence would be fatal to his highly specialised business of collecting electronic products for refurbishment abroad. The company had joined the Road Haulage Association (RHA). which had audited its systems and was carrying out tachograph analysis on its behalf.

For the company, Ian Rothera said maintenance problems in September had been dealt with by a warning. Adequate finance had been produced to support the belated variation application.

Suspending the licence, the TC said that from 14 October Truscott recklessly continued as if nothing had occurred while knowing he had authority for only one vehicle.That was a criminal act.Trusc.ott's conduct constituted a direct challenge to his authority.

Increasing the licence authorisation to six vehicles and two trailers from the end of the suspension period, the TC said he had been satisfied in September 2005 that the firm was capable of operating four vehicles.


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