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CONCERNS Transport Tribunal supports AXLE/VEHICLE OVERLOADING

26th April 2001, Page 18
26th April 2001
Page 18
Page 18, 26th April 2001 — CONCERNS Transport Tribunal supports AXLE/VEHICLE OVERLOADING
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Keywords : Tachograph, Law / Crime

three-year disqualification

The Transport Tribunal has upheld the revocation of the licence held by Italian-owned Alcaline, along with the three year disqualification of director Lorenzo Zaccheo, by South Eastern & Metropolitan Traffic Commissioner Christopher Heaps.

However, it has quashed similar periods of disqualification imposed on the Aylesfordbased company's other two directors, Frances Melandri and Enrico Balella, after hearing that they did not take up these posts until November 1999.

The TC revoked the company's licence for 30 vehicles and 30 trailers and made the disqualification orders on the grounds that it had operated untaxed vehicles for three months and that its drivers had committed a series of drivers' hours and tachograph offences. The company argued that it had operated untaxed vehicles because it had been left without funds after cash withdrawals by an associated italian company. It had given priority to keeping vehicles on the road and to paying drivers rather than taxing its vehicles.

Rejecting these arguments, the Tribunal said that it would be slow to condone any situation where untaxed vehicles were knowingly used on the public highway.

Morris-Coole, appearing on behalf of the company, claimed that excessive drivers' hours were down to difficulty in finding parking on French motorways.

But the Tribunal pointed out that it was not enough for a driver to assert this—it was essential for the explanation to be endorsed on the back of the tachograph chart "In the circumstances we think that the Traffic Commissioner had no alternative but to order revocation on both grounds," said the Tribunal.

As the TC had not disqualified the company from holding a licence, the Tribunal directed that the revocation order take effect from the end of June.


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