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Company regains 0-licence but must use its UK base
Page 33
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Transclara's appeal against licence revocation is successful following a series of undertakings to the Transport Tribunal. Mike Jewell reports.
THE TRANSPORT Tribunal has overturned Eastern Traffic Commissioner Geoffrey Simms' revocation of the 0-licence held by Transclara of Hockliffe. Beds. The TC had reached his decision after concluding that the operation was based in Spain and controlled from there.
Transclara holds an international licence for two vehicles and two trailers. When director and transport manager Clare Barrett appeared before the TC, she told him that she drove the one vehicle in possession and had lived in Spain for the past 21 years. The business had suffered from bad debts causing it to stop operating on a number of occasions Transclara's bank had closed the company account in 2002: the firm then used Barrett's mother's account until a new account was opened in 2005.The vehicle had been off the road under a SORN from June to December 2005.
The TC remarked that tachograph records showed trips made by the specified vehicle had begun and ended at Alfaix,Spain.The prolonged period of inactivity had also been spent there. The vehicle had been used sporadically on the public highway in Spain between 9 November and 9 December 2005, when it left for England, driven by Clare Barret-tit arrived in Hockliffe on 15 December 2005.
That was the only occasion that the authorised operating centre had been used. Simms added.
Revoking the licence, he pointed out that the company had not -normally" used the authorised operating centre and the -managementof the transport operations had been conducted from Spain, where the vehicle had been kept when not in use.This meant control had been exercised from Spain.The production of documents issued in Spain added weight to this view.
The TC had made no finding against the good repute of Clare Barrett or her company. This would allow them to apply for a Spanish licence, enabling him to issue a Certificate of Qualification (CM 12 October 2006).
The Tribunal allowed the appeal after a series of undertakings were given: • Safety inspections will take place at the operating centre authorised in the Eastern Traffic Area.
• All maintenance and drivers' hours records will be kept at the operating centre.
• When vehicles are not in use they will normally be kept at the operating centre.
• By the beginning ofApril a second competent transport manager will be appointed to carry out transport manager duties at the operating centre.
• The Traffic Area Office and Vosa will be supplied with contact details to enable the person concerned to be contacted when not at the operating centre during normal working hours. •