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Tribunal backs Te's revocation
Page 20
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A Rutherglen-based haulier has failed in his attempt to win back his 0-licence, which was revoked following unlicensed operation and hours and tachograph offences. Duncan Brodie, trading as Duncan Brodie Transport, had appealed to the Transport Tribunal after Scottish Traffic Commissioner Michael Betts revoked his licence and disqualified him for a year for loss of repute.
Brodie applied for an 0-licence in September 2000 and at the same time requested an interim licence. He was granted interim authority for one vehicle and one trailer on 22 November; a substantive licence was granted on 14 December.
In October 2000 the police and Vehicle Inspectorate launched a joint investigation into alleged breaches of hours and tachograph regulations by Scottish subcontractors working for Fowler Welch of Spalding, Lincs. This revealed that Brodie had been operating without authority during October.
An examination of 29 of Brodie's tachograph charts for that month revealed numerous drivers' hours breaches and false names on charts.
Before the IC Brodie had said he thought the application for an interim licence authorised him to operate immediately. Making the revocation and disqualification orders, the IC had concluded that Brodie had knowingly taken a chance by operating without a licence.
Appearing before the Tribunal, Brodie apologised for what he had done and said the disqualification had affected him and his family. He argued that a year was too long and said that other drivers and operators had received lesser periods.
Dismissing the appeal, the Tribunal said that this was a blatant case of unauthorised operation. Moreover, Brodie had not been frank about what had occurred. They were were satisfied that the IC's actions had been justified.