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LEGAL BRIEFS
Page 25
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Refusal to return vehicle upheld
Eastern Deputy Traffic Commissioner Mary Kane's refusal to return an impounded vehicle to Rochford, Essex-based Dean Fewings, trading as Fewings Transport Services, has been upheld by the Transport Tribunal on appeal.
Fewings had not requested a public inquiry when he applied for the return of the vehicle on the grounds that he believed he had applied for an 0-licence. The DTC decided that, unless there were further representations, the application would be determined on the written evidence without a hearing. Fewings and his solicitor were given seven days to respond, but failed to do so.
Fewings told the Tribunal he had honestly believed he had an 0-licence, and had not realised he could have requested a hearing before the DTC or sent representations. He was unable to say why he thought he had a valid licence when he had to declare a
bankruptcy on the application form — which would have led to a public inquiry.
The Tribunal was unable to find any error in the OTC's decision, which she had made after giving extra time for representations.
Revocation order quashed
The Transport Tribunal has quashed NorthWestern Traffic Commissioner Beverley Bell's decision that the licence held by Stephen Hassan, trading as TJS Skip Hire, had automatically terminated due to nonpayment of the renewal fee.
The Traff ic Area Off ice staff recommended reinstatement of the licence because Hassell had had to move from his correspondence address, resulting in non-receipt of mail for three months. However, the TC declined to accept that recommendation, because she suspected a link with Cheshire Demolition, whose licence she had revoked.
Allowing Hassall's appeal, the Tribunal said that if the TC had concerns about a possible connection with a revoked licence, Hassall could have been called to a public inquiry where the burden of proof would have been on the TC to establish a link.
Failure to use tacho costs £500
Failing to use a tachograph and insert a chart have cost truck driver Simon Abbott £500. Abbott, from Grays in Essex, pleaded guilty before the Harlow magistrates and was fined 2250 with £250 costs.
Anthony Ostrin, prosecuting for Vosa, told the court that a tachograph chart dated 31 May 2007 showed Abbott had finished work at 12:15am. The following chart, dated 31 May, indicated he had started work at 2am. A delivery note for 30 May showed Abbott was due to arrive for a delivery at 1:15pm and had arrived at 1pm. It also showed he had left the site at 2:45pm— but there was no tachograph chart covering this period.