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Operator allowed to reign in Spain after appealing again
Page 33
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The Transport Tribunal has granted an 0-licence to a sole trader living in Spain — with a number of conditions. Michael Jewell reports.
ATTHE SECOND attempt,a Spanish resident has won an appeal against the refusal of the EasternTraffic Commissioner Geoffrey Simms to grant him a British 0-licence.
However, the Transport Tribunal made its decision conditional upon Gary Brandon appointing a competent Britain-based transport manager, ensuring that all maintenance and drivers' hours records be kept at the authorised operating centre, and there being sufficient financial resources to maintain the authorised vehicles Brandon had applied for an international licence for three vehicles and two trailers based at Wellingborough, Northants. Simms initially refused the application on the grounds that the control of the business would most likely rest in Spain. Brandon appealed and the Tribunal directed the TC to reconsider the matter with the recommendation that the application be granted (CM 21 September 2006), Simms refused the application for the second time on the grounds that it had been made by a sole trader living in Spain, that the drivers were Spanish subjects living in Spain, and that the proposed journeys would be between the UK and Spain. Brandon was also the CPC holder, the transport manager required to have continuous and effective responsibility for the management of the transport operations Simms concluded that the transport management of the business would be conducted and controlled from Spain by Brandon as both owner and transport manager. Consequently, this was an operation based not in Britain but in Spain, to he established in Spain in conjunction with Brandon's existing Spanish distribution business. This required the authority of a Spanish operator's licence. The fact that this business was established in Spain meant it did not meet the requirements of the 0-licensing legislation (CM 28 September 2006).
Allowing Brandon's appeal, the Tribunal said it was entirely acceptable for a person resident in another EU state to own a business that had transport operations within the UK. Brandon's residency in Spain and the use of Spanish drivers were insufficient in themselves to con clude that it was a Spanish operation. However, the Tribunal was satisfied that the provisions of the legislation were unlikely to be satisfied by a transport manager who lived abroad, even though he might be the principal driver and intending to make all operational decisions To that extent it disagreed with the previous Tribunal decision, which relied upon Brandon having local staff who could answer any urgent queries Vosa might have.