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Owner-driver loses appeal to run more than one truck
Page 35
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A WELSH operator deemed incapable of running more than one vehicle has lost his appeal to the Transport Tribunal to allow him to run two vehicles. His licence was originally curtailed after his vehicle was discovered running without a valid test certificate and he admitted that he had "taken a chance".
Pontardulais, Swansea-based livestock haulier Vivian Williams, trading as Vivian Williams & Son, had appealed against the curtailment of his licence by Welsh Deputy Traffic Commissioner Alan Jenkins from five vehicles and two trailers to the one vehicle and one trailer in possession. When the vehicle was stopped in July 2003, its test certificate was found to be five months out of date —Williams had admitted taking a chance.
A resultant maintenance investigation led to an immediate prohibition.
There was no sign of a daily driver's defect reporting system and there were no maintenance records, a maintenance contract or forward planning system.
The DTC had taken account of the fact that a transport consultant had undertaken to help ensure the documentation was kept in order, but had considered that Williams was incapable of running more than one vehicle and one trailer.
Asking the Tribunal to grant him a two-vehicle licence, Williams cited difficulties encountered during the foot and mouth epidemic and his wife's poor health.
The Tribunal dismissed the appeal, but said that once Williams had proved he could fulfil his vehicle maintenance and records obligations it would be open to him to seek an increase in his licence.