Forged permit man wins revoke appeal
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NT OPERATOR who appealed to the Transport Tribunal after ie North-western Licensing Authority had revoked his perator's Licence because he used two forged international =its has won his appeal — but must still suffer for his isdeeds.
The appeal, heard last ionth (see CM January 26), ras the first arising through le use of forged permits, and le Transport Tribunal anounced its judgment only last reek.
Joseph Goldsmith Lucas, -oprietor of J. Lucas Trans)rt of Lathom, near Orms,rk, had been fined E60 by rmskirk Magistrates Court May 1978 for using two irged general quota interational permits for West ermany and Austria.
Then the International Road reight Office in Newcastle ad withdrawn Lucas' entire .rmit allocation until the benning of this year. Finally, ie North-western LA had woked the 0-licence in July .st year, although Lucas Duld continue to operate ?Aiding the outcome of the veal.
At the Transport Tribunal veal, Lucas' solicitor John ackhouse said Lucas had iffered three penalties and ie final revocation was too arsh.
A legal representative for ie Minister of Transport had Iso appeared and explained le international permit sys?..m, indicating the signifiance of this first "forged perlit use" appeal.
Mr Backhouse suggested 'tat the LA's revocation order was deliberately punitive in order to act as a deterrent to others.
In the written judgment, the Transport Tribunal said: "We agree with the LA that the use of forged permits is a serious matter which justifies the imposition of a severe penalty." It went on to say that it calls for a "substantial interruption of the appellant's activities as a haulier".
But instead of upholding the LA's revocation order (which would mean that Lucas could resume business only when a new licence was granted — "an indefinite period", the length of which would depend on the LA's work load), the Tribunal upheld the appeal, but substituted a new penalty.
This was the suspension of the 0-licence from that day (February 11) until the day before it expires (March 24).
This means that Lucas can resume operating on the day his 0-licence expires and continue, said the Tribunal, "until the LA has had an opportunity of deciding whether a further licence should be granted and, if so, upon what terms".