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I CASE ONE
Page 31
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Impounded skip lorry returned
AN IMPOUNDED VEHICLE was released after North-Western Traffic Commissioner Beverley Bell was satisfied that when it was detained, it was on the road for tax and test purposes only.
Dermot McKenna had sought the return of his skip lorry, which at the time of the impounding in Stockport in August, was being driven by qualified litter Kenneth Fraser.
For McKenna, James Backhouse maintained he held an 0-licence, that in any event the use of the vehicle was exempt from 0-licensing and that Dermot McKenna was the user of the vehicle.
Vehicle examiner Martin Garlick said that in August he had observed the vehicle laden with an empty skip and driven by Kenneth Fraser who had told him the vehicle was owned by Raymond Rafferty. Rafferty had previously had a vehicle impounded. The vehicle was not displaying an 0-licence disc, hut Fraser stated that the vehicle had been tested at Chadderton Test Station that day, then taxed, and was being returned.
Backhouse said Garlick had failed to make proper enquiry of Fraser and Rafferty and that if he had done so he would have discovered that McKenna, not Rafferty, was the operator of the vehicle. Fraser said he worked for Rafferty as a mechanic as well as undertaking MoT preparation and testing. The vehicle had failed several brake tests and was taken for test on 2 August. After it passed he taxed it, and while he was returning to Rafferty's premises the vehicle was impounded.
Rafferty said he bought and sold CVs. He added that he had asked McKenna, who was his cousin, to find him a skip wagon, to tax and test it and then to deliver it.
Insufficent evidence
The TC concluded there was insufficient evidence from Vosa of unauthorised use and Rafferty was only in possession of the vehicle for the purpose of tax and test.