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Operators cannot appeal formal warnings
Page 29
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A TRANSPORT Tribunal has ruled that appeals cannot be made against formal warnings after it rejected an appeal against a formal warning from the Eastern Traffic Commissioner Tom Macartney for the use of an unauthorised operating centre.
In 2006, a driver for Roystonbased Funstons arranged to leave his vehicle overnight at a customer's premises in Sutton Bridge. Authority was then sought and granted for the use of Sutton Bridge as an operating centre, the company saying its previous use without authority was an oversight.
The TC was told that a Vosa investigation had revealed that a vehicle was regularly being parked in a lay-by on the A15 at Baston and on an industrial estate at Market Deeping during 2007, both of which were near to where the driver lived.
For the company, it was said that the driver concerned, Matt Snape, was a "tramper" who was out all week. The company knew he was parking locally near to his home, hut did not regard that as being wrong. The vehicle was brought back to its Yaxley operating centre at the weekends.
Snape said that he slept in the vehicle, finding that better than sleeping at home because of his young child.
In issuing a formal warning, the TC said that he did so because of a vehicle having been regularly parked at a place not authorised, the history of a lack of an operating centre in 2006, and some relatively minor tachograph problems almost five years ago.
In dismissing the appeal, the Tribunal made it plain that it had no jurisdiction to hear an appeal against the issue of a formal warning.