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AN APPEAL by a Scottish construction company against the decision

23rd July 1976, Page 19
23rd July 1976
Page 19
Page 19, 23rd July 1976 — AN APPEAL by a Scottish construction company against the decision
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Which of the following most accurately describes the problem?

of the Scottish deputy LA to curtail its licence from 10 vehicles and four trailers to three vehicles and four trailers was turned down by the Transport Tribunal sitting in Scotland last week.

Gairloch Construction Co Ltd had been called to public inquiry in 1972 and 1974 following unsatisfactory maintenance, the imposition of prohibition notices and a conviction for a defective tyre. The company's 0 licence was curtailed on each occasion after assurances were given regarding future fleet maintenance.

At the appeal hearing, Mr J. McGhie on behalf of the appellants submitted that the penalty was excessive and that as the principal purpose of the inquiry was to ensure road safety, the element of punishment should be minor.

The Tribunal took the view that while they agreed that ensuring future road safety was of greater importance than punishing the appellants for their past shortcomings.

The Tribunal considered that if the deputy LA had erred • at all it was on the side of clemency and the appeal was dismissed.

Tags

Organisations: Transport Tribunal
People: J. McGhie

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