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LEGAL BRIEFS lnnes appeal lost
Page 22
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THE SCGITISH COURT of Session has ejected an appeal by Aberdeen-based James nnes, trading as JC Innes & Sons. He was :ontesting the rejection by the Transport Tribunal of his appeal against the revocation of [is 0-licence and a five-year disqualification rom holding an 0-licence for falsifying achograph records.
Richard McFarlane, the Scottish Deputy 7raffic Commissioner, had revoked Innes' icence for 18 vehicles and 25 trailers. He made he disqualification order after being satisfied hat drivers had falsified records by using tterrupter switches and that Innes had failed .7) stop such devices being used.
The Tribunal believed the revocation order /as right, and the fact it was the second time he ad appeared at public inquiry over the Ilsification of tacho records meant the fiveear disqualification was justified.
'Wet cut
'HE LICENCE HELD by Cheltenham-based )avid and Julie Rushworth, trading as Cotswold reight, has been cut from 12 vehicles to two and suspended for four days by Fiona Harrington, the Western Deputy Traffic CommissioneeThe firm had been called before the DTC at a Bristol disciplinary inquiry.
Evidence was given that when one of the company's vehicles was stopped, there were problems over tachograph compliance and adherence to speed limits It also appeared that the vehicle might have been operated by an associated limited company.
The firm gave the DTC a series of undertaking over future tacho compliance.
The DTC concluded that the repute of the firm's transport manager had been tarnished, hut not lost.
She warned that authorised vehicles could only be operated by the entity holding the 0-licence.
Licence suspended
THE 0-LICENCE OF Cardiff-based Anthony Lee has been suspended by Fiona Harrington, the Welsh Deputy Traffic Commissioner. Lee must produce satisfactory evidence of available finance or a completed Preventative Maintenance Inspection sheet, including a roller brake test printout, certifying the vehicle as roadworthy, whichever is the earlier.
Lee had been called before the DTC because of concerns expressed over his vehicle maintenance history.
As a result of this, Lee made promises to engage a trade association or a consultant to set up and administer a system of preventative maintenance in two months.
Maintenance systems, documents and vehicle inspections must be audited by a trade association or by a consultant every three months, and all the records associated with these undertakings be kept for two years.
The DTC directed that if the required information was not produced within one month, the licence should be revoked.