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Firm wins appeal over Traffic Area paperwork

23rd September 2004
Page 36
Page 36, 23rd September 2004 — Firm wins appeal over Traffic Area paperwork
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Which of the following most accurately describes the problem?

.11 &B FRYER FARMS has won an appeal against a ruling that it was not authorised to operate trailers.

The Transport Tribunal decided that the firm was operating two vehicles. It owned two trailers and believed it had authorisation for one of them, but the North Western Traffic Area Office disagreed.

In December 2003 the TAO wrote to the firm after a report from VOSA claiming it was operating two trailers without licence authority. The firm replied that one trailer was only used on the farm. It pointed out that one of the vehicles authorised on the licence was described as an "articulated refrigerated box body-. The TAO wrote to say it seemed this vehicle was added as an articulated unit in error. It asked the firm to complete another application form and to pay a further fee of £168. The firm appealed against that decision. At the hearing a spokesman said it was aggrieved by the inefficiency of the Traffic Area Office and the fact that no-one had apologised for the inconvenience or embarrassment caused by the claim that it was using an unauthorised vehicle.

In fact, it had been operated for two years on the basis of apparently valid documentation.

The Tribunal said the firm must be presumed to have authorisation for the articulated vehicle, including its trailer, from the date on its licence. The TAO was entitled to collect the correct fee from the renewal date, but the Tribunal considered that a retrospective fee should be waived and the licence should be amended to record the authorisation applied for and apparently granted.


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