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East Mids operator wins 0-lic appeal

21st August 1982, Page 13
21st August 1982
Page 13
Page 13, 21st August 1982 — East Mids operator wins 0-lic appeal
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Which of the following most accurately describes the problem?

iP1TE not having kept satisfactory vehicle maintenance records :e 1974, East Midlands operator J. J. Cowlishaw successfully ealed against a decision by the East Midlands Traffic Commislers which denied him an operator's licence. His application for a ldard international and national licence was granted for two rs after the Secretary of State for Transport's inspector decided is favour.

Ir Cowlishaw had claimed t serious domestic problems I prevented him from being e to take care of his vehicles' intenance. Following his re-marriage last year, he had entered into an agreement with Knowles Continental (1978) for the maintenance of his coaches, which had proved satisfactory to the senior vehicle examiner.

In his report on the appeal, the Secretary of State's inspector noted that there was no doubt over Mr Cowlishaw's financial standing or character and that Mr Cowlishaw would be aware that vehicle examiners would be keeping watch on the way the maintenance arrangement with Knowles was working.

The inspector concluded that the balance of probabilities was that the arrangement would work, and that the protection of the public was safeguarded by the various legal sanctions available, which included revoking or suspending the operator's licence.

He therefore recommended that the appeal be allowed. He felt that a five-year licence would be too long in view of the appellant's past record, and a oneyear licence would be too short a time in which to show whether the new arrangements were working.

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