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Spanish resident wins right to UK 0-licence on appeal

21st September 2006
Page 33
Page 33, 21st September 2006 — Spanish resident wins right to UK 0-licence on appeal
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Keywords : Tachograph, Law / Crime

Overturning a TC's decision, the Transport Tribunal said it was

"irrelevant" that an operator lived in Spain. Mike Jewell reports.

A SPANISH resident has won the right to operate his UK-based business from overseas after the Transport Tribunal overturned a refusal to grant him an 0-licence.The Tribunal said it was "irrelevantthat the operator lived in Spain and granted the appeal.

Gary Brandon had applied for a licence for three vehicles and two trailers based at Rushden at the site of his maintenance contractor. The application was turned down by Eastern Traffic Commissioner Geoffrey Simms.

Brandon had told the TC he had had a business relationship with a removals business in Rushden for some time and when the operator decided to retire, it was proposed that Brandon should acquire his vehicles and apply for his own licence.

Regular UK visits Brandon said he would inspect the drivers' tachograph records every seven days and any problems would be dealt with immediately. He would regularly visit the UK and if there was a problem he could be there in six hours. He offered to hire a locally-based transport manager if that was what the TC required.

In refusing the application, the IC said that because Brandon was a Spanish resident employing drivers who lived in Spain, control would most likely be exercised from Spain —suggesting that the proposed operation might require a Spanish 0-licence.

Before the Tribunal. Paul Carless, for Brandon,said the TC had assumed he would act in the same manner as some Greek operators when they were granted UK licences on similar facts some years ago. While some drivers were Spanish and would fly home if their was no immediate UK work for them after arriving with Spanish loads, the vehicles would remain parked at the business's UK operating centre. Tachograph charts and other records would be kept in the UK and available toVosa.

Allowing the appeal. the Tribunal said the fact Brandon lived in Spain was irrelevant. He proposed to operate a haulage company based in Britain, with British-registered vehicles, at a British operating centre. Without evidence that he could not control the operation by email, telephone and dual record-keeping in conjunction with the maintenance contractors and his position as principal driver, he should be allowed to demonstrate that he could do so.

The Tribunal did not consider the employment of a UK-based CPC holder was critical.They preferred to see the UK operation left in Brandon's hands. His local staff could answer any urgent queries Vosa might have, and should the operation give any cause for concern the TC could call him to a public inquiry..


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