YEAR'S SUSPENSION FOR ENTIRE FLEET
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AT a public inquiry held under Section 178 of the Road Traffic Act 1960, at Leeds last week, Phoenix Haulage (Hull) Ltd. had 16 vehicles, the company's entire fleet, suspended for a period of 12 months by the Yorkshire deputy Licensing Authority, Mr. J. H. E. Randolph.
Phoenix Haulage had been brought before the court in respect of convictions earlier this year for carrying excess weights, permitting drivers to work excessive hours and for breaches of their carriers' licences There had been a total of 56 convictions as well as five prohibitions. The company operates 15 attics on B licence and one attic on'A licence.
All the offences were in relation to work done for a forwarding agency, Langstaff Erinburn Ltd., at Hull docks. There was a specific clause in the B licence conditions that no work should be done for this company.
All the cases involving excess laden weight took place between March 7 and June 16 this year and all involved traffic for Langstaff Erinburn leaving Hull docks. All loads leaving the docks had to cross a weighbridge for Custom's purposes and on 16 occasions excess weight had been recorded on invoices. In one case, where the permitted weight was 15 tons, 24 tons had been recorded. On another occasion, where 16 tonswas the maximum weight, more than 24 tons had been noted. A spokesman for the Licensing Authority described these convictions as both wilful and frequent, as well as being a considerable risk and danger to the public.
The court was tokl that when the Licensing Authority's staff had approached Langstaff Erinburn and asked them to produce their invoice copies they had been told to come back at a later date. In the meantime, it was said,
Phoenix Haulage had forged a complete series of invoices which were later given to the Licensing Authority by Langstaff Erinburn. However, at a later date, the forwarding agents produced the real invoices which gave the correct weights and figures.
There had also been 26 breaches of licence. All these cases related to the fact that Phoenix could not carry for
Langstaff Erinburn at all. There had also been offences of failing to keep correct records and in some cases the wrong weights and goods were entered on these records.
Giving his decision, Mr. Randolph said that he had been told the offences had been committed because of pressure imposed by Langstaff Erinburn. He had also noticed that an application had been put in for Langstaff Erinburn's name to
be added to the conditions. But Mr. Randolph said that more than 50 per cent of the offences had been committed by the time the application for this had been put in.
As far as the failure to produce the correct invoices and records was concerned, the L.A. said it seemed to him that this only showed an attitude which must be taken as fraudulent. On the subject of carrying excessive weights, any offence of this nature must be looked at with gravity, he added. "It was sheer good luck that no accident took place with this overloading and I am quite convinced that there was a very great and real danger to the public ", said Mr. Randolph.
Finally the L.A. said he questioned very much whether the company was fit to hold a haulage licence at all. The only reason he would not revoke the entire licences was because the offences related to only, one customer, Langstaff Erinburn.