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Operator's 'unusual' plea

22nd July 1977, Page 21
22nd July 1977
Page 21
Page 21, 22nd July 1977 — Operator's 'unusual' plea
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Keywords : Suspension, Law / Crime

AN OPERATOR who had already served the suspension of a vehicle had an appeal to the Transport Tribunal over the suspension turned down, last week.

Appealing against a decision by Eastern deputy LA Gerald Kidner, solicitor Peter Frost said his client, Frank Coleman„ merely wanted the suspension erased from his record.

He was prepared to let a curtailing of his licence from seven vehicles to one stand. But he appealed against the suspension of the other vehicle for one month as being harsh and unfair. Mr Frost told --tribunal chairman, G. D. Squibb that, at first sight, it appeared to be "an unusual and wasteful appeal."

He said Mr Coleman sought to "clear his name" in anticipation of his never being in trouble again.

The case came before the deputy LA after two batches of prohibitions had been issued on Mr Coleman's vehicles alleging neglect. After the first batch, a warning letter had been sent by the LA, but it did not stop another batch of GV9 notices.

Mr Frost said there had been differences of opinion between the vehicle examiners and Mr Coleman: "He is not blessed with supreme tact with the vehicle examiner or with the licensing authority," he added.

But Mr Frost, added: "Mr Coleman is not some young cowboy seeking to ride over perfectly legal requirements." He had been driving and in haulage for 43 years.

There had to be some penalty on Mr Coleman, said Mr Frost, and he had chosen to ask for the suspension to be removed rather for the curtailment to be lifted, although he admitted that neither had much effect on the business of Mr Coleman as a scrap merchant.

The tribunal is to issue the reasons for its decision at a later date.


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