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Appeal over 'too harsh' decision fails
Page 24
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AN OPERATOR who appealed against the revocation of his 10-vehicle, two-trailer licence on the grounds that the decision was" too harsh" has lost his appeal before the Transport Tribunal.
Smethwick, Sandwell-based Jarnal Singh, trading as Prestige Transport Solutions, had also received a one-year disqualification from holding an 0-licence by West Midland Deputy Traffic Commissioner Tim Hayden, a penalty which was also upheld by the Transport Tribunal.
At a public inquiry in April 2006, the Deputy TC was told of maintenance problems, and that a check of tachograph records had revealed extensive missing mileage and a number of driver infringements.
When the hearing continued in June 2007 evidence was given of further prohibitions for: overloading; adverse annual test results; unlicensed and uninsured drivers; 31,000km of missing mileage; 30% of tachograph records incorrectly completed; the undertaking of an international journey; and a breakdown of control between Singh, his transport manager and his operations manager. There were a number of convictions, including a fine of £3,000 for failing to produce tachograph records.
Singh appealed on the grounds that the DTC's decision was too harsh. In a letter to the Tribunal, he gave an assurance that he could do a lot better and promised to spend time and money to ensure the operation ran more smoothly.
The Tribunal said those assurances appeared to be no different from those given on two previous occasions when Singh had promised to bring his operating standards up to an acceptable professional level. They concluded that the DTC had taken the appropriate action.