Tribunal dismisses appeal and calls for co-operation
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Operators must understand they have a responsibility to co-oper ate with the Traffic Commissioner and his office to the extent required to make the 0licensing system work. That includes responding promptly to correspondence and telephone calls from the Traffic Area Office, says the Transport Tribunal.
It has dismissed an appeal by Simon Thompson and Terry Gillam, trading as S&T Roofing, of Thornton Heath, against the revocation of their licence by South Eastern & Metropolitan Traffic Commissioner Brigadier Michael Turner.
The Tribunal said there was an unsatisfactory maintenance investigation in September 1997. In January 1998 the firm was sent a letter warning of the consequences of failing to comply with its undertakings on maintenance, and requiring written assurance within 14 days that those undertakings would be complied with. No such assurance was forthcoming.
Despite further letters and telephone calls in March, May and June, nothing was received. In August a letter was sent to the firm warning that the Commissioner had concluded there had been a material change in circumstances and if no written representations or a request for a public inquiry had been received within three weeks he would revoke the licence. Yet again there was no reply of any kind and the Commissioner decided that the licence should be revoked.
In appealing, the firm said a transport manager had been appointed to oversee the 0-licensing requirements and to ensure the matters that gave rise to the unsatisfactory maintenance investigation received attention.
The Tribunal concluded the Commissioner had acted correctly and properly in revoking the licence. They said there was nothing to prevent the firm seeking a fresh licence but it should be understood that the Commissioner would wish to be satisfied, among other things, that there would be proper arrangements to deal with the administrative side of the business and to prevent any repetition of the failures which had led to the licence being revoked.