Highland has appeal turned down by TC
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AN APPEAL BY Inverness scrap metal haulier Highland Car Crushers to overturn the revocation of its 0-licence has been turned down by an appeal judge.
In a written decision following a hearing in December 2012, upper tribunal judge Michael Brodrick upheld the decision of Joan Aitken, traffic commissioner (TC) for Scotland, to revoke the company's 0-licence from midnight on 31 August 2012 and disqualify director Hunter Fraser for five years.
On appeal, the firm's solicitor said Fraser had not been directly involved in the incident that prompted the public inquiry — in June 2011 one of the firm's trucks lost its load on the A96 Inverness to Elgin trunk road.
The solicitor argued that the driver on the day had been appropriately trained by the firm and provided with the relevant equipment, which he failed to use.
Highland Car Crushers also argued that criticisms of Fraser at the public inquiry in July 2012 had to be balanced against the improvements he had made.
However, judge Brodrick said the operator's behaviour in relation to another driver who had been stopped by police for drinkdriving — nobody at the firm had checked his paper driving licence — displayed a "woeful failure" to manage the business.
He concluded that the haulier had put the public at risk because of unsafe loads.
"In addition, the public was further put at risk by the employment of a driver without sight of the paper copy of his licence, or knowledge of his previous conviction, who then went on to drive one of the appellant's vehicles under the influence of alcohol," he added.
"We are satisfied that the protection of the public must take priority over Hunter Fraser's interests for a substantial period," he continued.
"In our view, five years achieves the right balance on the facts of this particular case."