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Truck will not be returned An owner-driver loses his truck after ignoring examiner's warnings and
Page 31
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continuing to operate without licences, insurance or a test certificate.
AN OWNER-DRIVER operating without an 0-licence, an HGV licence or insurance has failed to win the return of a truck impounded in March after he ignored a traffic examiner's warning to put his house in order.
Owner-driver Ronald Boynton had sought the return of the vehicle at a Cambridge public inquiry before Eastern Traffic Commissioner Geoffrey Simms. He claimed he had paid £10,000 to a haulier for the vehicle. When stopped he was found to be using it with a photocopy of one of the firm's 0-licence discs while working as a subcontractor.
Traffic examiner David King said when he checked the vehicle at the Dartford Crossing in February it was displaying a facsimile of an 0-licence disc issued to the company Boynton claimed to be working for. The trailer test certificate was out of date. King pointed out the need for an 0-licence to Boynton and told him the offences would be reported. As there was no previous enforcement history Boynton was allowed to proceed.
Traffic examiner Jerome Gleeson said the vehicle was checked again in March at Tilbury Docks. No 0-licence disc was displayed and there was no test certificate for the trailer. Boynton did not have an HGV driving licence and was therefore uninsured, and he had failed to take sufficient daily rest.The vehicle was impounded. Boynton said he had bought the vehicle from a customer on the promise of work and claimed he had been allowed to operate under that firm's licence using a photocopy of an 0-licence identity disc. He said he had been unaware of the
0-licensing requirements until March, and could not recall that 0-licensing was mentioned when he was stopped at Dartford. He said he wanted the vehicle back so he could sell it. He would pursue any future haulage activities with a smaller vehicle below the 0-licence threshold.
Refusing to return the vehicle on the grounds that Boynton was aware he needed an 0-licence, the TC said unlicensed operators presented not only unfair competition to legitimate operators, but frequently operated their vehicles in an unsafe manner because they either lacked the necessary qualification or the will to operate within the law. Boynton typified that type of operator.
Not only was his vehicle unlicensed, but he did not hold the necessary qualification to be in charge of a goods vehicle.