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Excuses for milk truck don't float
Page 21
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The Scottish Deputy IC Richard McFarlane has refused to return an impounded milk tanker used without authority by Fairfield Dairies.
Traffic examiner James Griffin told an Edinburgh Public Inquiry that at three checks during April and May the tanker had not been displaying an Operator's Licence.
Initially Donald Laird, of Bonaly Farm Dairy, told him that he had applied for one. On the second occasion he said that he owned Fairfield Dairies, which had bought Bonaly Farm Dairy, and that he intended to transfer the vehicle on to its licence.
At the third check Laird produced copy documentation which requested the vehicle be added to the restricted 0-licence held by Derek Mitchell of Bon aly Farm Dairy, In Mitchell's name. Griffin decided the vehicle was being used without authority and detained it.
Laird said that he had been the holder of a one-vehicle restricted licence, which had lapsed at the end of August 2002.
In December he submitted an application on behalf of Fairfield for a restricted licence for six vehicles and four trailers. Interim authority was granted in January, which included the vehicle concerned, and he received the interim licence discs.
He was unaware that the application had been abandoned because the required fee had not been paid. He insisted he had paid and denied receiving a letter from the Traffic Area stating that unless he paid by the end of March the application would be abandoned.
Laird said he had not realised that he could not operate under Mitchell's licence and had now taken steps to have the vehicle licensed in his own name.
Refusing to return the vehicle, the DTC said that Laird knew that a licence was required in the name of the company. Neither Laird nor Fairfield Dairies were entitled to allow the vehicle to be used on the Bonaly Farm Dairy licence.