Lack of information led to revocation
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The Transport Tribunal has dismissed an appeal by Gloucester based Mark Baldwin, trading as M&S Transport, against the revocation of his 0-licence by former Western Traffic Commissioner Christopher Heaps. But it quashed the TC's order disqualifying Baldwin from holding or obtaining an 0licence for three years.
Baldwin had held a licence for one vehicle and trailer; in March 1999 he was convicted for paying his vehicle excise duty with a cheque that bounced. He subsequently admitted to a vehicle examiner that his house had been repossessed following the failure of an associated business.
In December Baldwin failed to attend a public inquiry where the TC was considering taking action against his licence on a number of grounds, including financial standing.
Baldwin felt the IC's decision was harsh, as he had stopped operating in September. He told the Tribunal that although his earnings from haulage were insufficient in September 1999, his asset position was satisfactory, and he was of sufficient financial standing to stay in the business, which was what he wanted to do.
The Tribunal said the TC's decision to revoke the licence based on the information before him had been impeccable—it was Baldwin's fault that no other information had been available.
On the other hand, there had been no apparent reason for disqualifying him. A disqualification order did not necessarily follow the revocation of an ()licence; it required some additional feature, which should be identified in the IC's decision. No such feature had been identified in that decision.
The Tribunal added that its decision would enable Baldwin to apply for a new licence and attempt to satisfy the TC that he was of sufficient financial standing and would follow the rules.