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'Naive' skip operator spared from disqualification by Tribunal
Page 34
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THE TRANSPORT TRIBUNAL has quashed a skip operator's three-year 0-licence disqualification because it was a form of" punishmen t" rat her than the correct use of the TC's powers.
However, th e Tribunal upheld the revocation of the one-vehicle licence held by Clacton-on-Sea, Essexbased Michael Fenian, trading as County Skips, because of the continued use of an unauthorised operating centre. Eastern Traffic Commissioner Geoffrey Simms had made the revocation and disqualification orders after being told that, despite being warned by a traffic examiner on several occasions, Fen ion had continued to park close to his home rather than at his authorised operating centre.
In his decision, the TC said Fenlon had attempted to keep the traffic examiner at bay by means of promises he appeared to have no intention of fulfilling. He concluded that Fenlon was incapable and unwilling to meet the statutory requirements of 0-licensing.
Before theTribunal,PatrickSadd,for Fenlon,argued that the 'IC's decision had been disproportionate, and that Fenlon's conduct was not so serious that he deserved to be put out of business. He said Fenlon had not been warned he could lose his licence.
Upholding the revocation, the Tribunal said it considered that the TC had been entitled to reach his given conclusion, given the promises made by Fenlon which he swiftly and persistently broke. The TC had concluded Fenton could not be trusted to meet statutory requirements, so revocation was inevitable.
Quashing the disqualification, the Tribunal said it felt Fenlon was naive and inexperienced, rather than unscrupulous and dishonest. Disqualification in the particular circumstances of this case amounted to a form of punishment, rather than an appropriate use of regulatory powers.
Summary
TRUST IS ESSENTIAL
The Tribunal considered that TCs must be able to trust operators to comply with the relevant laws, rules and regulations, because it would be a physical and financial impossibility to police every aspect of the licensing system all day, everyday.