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Operator loses appeal against revocation
Page 25
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A HAULIER who continued to operate despite having his licence revoked has had his appeal against revocation rejected.
Barking-based David Feasey, trading as Feasey Transport, had his licence for two vehicles and two trailers revoked by South-Eastern & Metropolitan Deputy Traffic Commissioner Christopher Heaps.
The DTC was told that in September 2007 a vehicle was given an immediate prohibition and the trailer a delayed prohibition at a roadside check.
Despite the prohibition, it was later found that the vehicle had been driven away; its driver did not have the correct vocational licence and the test certificate on the trailer had expired. A receipt subsequently produced by Feasey showing removal by a recovery vehicle proved to be false.
The Aldershot magistrates convicted him of using a false instrument, permitting a prohibited vehicle to be driven, and permitting a person to drive without a licence. He was given a two-month prison sentence, suspended for 12 months, and a 60-hour community punishment order.
Feasey told the DTC he had been -out of his depth" in transferring from driver to operator and had panicked in respect of the prohibited vehicle and trailer. He claimed he had been unaware of the driver's lack of a vocational licence.
Before the Transport Tribunal, Feasey argued that the DTC's decision was overly harsh. He said he owed £100,000 in finance and would lose everything if he was unable to operate.
He admitted that he was still _4,00° operating, saying he had not realised it was unlawful without a stay of revocation.
Dismissing the appeal, the Tribunal said it was a "bad case". Feasey's actions compromised road safety and were exacerbated by deception.
Beyond resonable bounds