Licence revocation quashed
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THE REvOCAT1ON of the licence held by Leeds-based Thorpe lane Commercials by North Eastern Traffic Commissioner Tom Macartney has been quashed by the Appeal 'Iribunal. The TC has been directed to reconsider his ruling.
The TC revoked the licence after the firm failed to respond to letters detailing deficiencies found at a maintenance investigation.
These asked for a written explanation and assurances about the future within 14 days, and notified the company of the TC's intention to revoke the licence. Director Gary Appleyard denied receiving the letters. If he had known the TC wanted to communicate, he would have personally visited the Traffic Area Office because it was near his operating centre.
The Tribunal said it was impressed with Appleyard, who appeared straightforward and
anxious to comply. It considered that justice would be best served by remitting the case to the TC.
Known postal delays: exceptional
GRA1NLINE HAS won its appeal against the termination of its 0-licence after the Appeal Tribunal ruled postal delays did constitute "exceptional circumstances': meaning late payment of the renewal fee could be accepted.
A senior member of the Western Traffic Area staff believed the firm should be given the benefit of the doubt. but TC Sarah Bell disagreed. S he said the onus was on the operator to ensure payments were cleared before the expiry date. She concluded that no exceptional circumstances had been made out.
Disagreeing, the Tribunal said there were known delays, some in excess of three weeks, which had been publicised in the press.
Former directors win appeal
TWO FORMER directors of Corsham, Wiltsbased Ground Restoration, Gary Sunderland and John Warburton, have won their appeals against their indefinite disqualification from holding an 0-licence by Western Traffic Commissioner Sarah Bell.
She had imposed the disqualifications after cutting the firm's licence to six vehicles.
'Hie two men sold the company in March 2008, but had continued as consultants until December of that year.
The TC concluded the two men had shown an unacceptable disregard for road safety, putting other people's lives at risk for profit.
The Appeal Tribunal said the law only provided for disqualification after licence revocation and was not available after other regulatory action, even where it would have been appropriate.