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Unlicensed operator fails in bid to win back vehicle
Page 37
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THETRANSPORTTribunal has upheld the decision of Eastern Traffic Commissioner Tom Macartney to impound a vehicle belonging to an operator who had initially denied ownership.
In March the lorry, loaded with 24 car batteries, was detained in Northampton. Operator William Fury denied ownership. The same vehicle was given a roadside check in March 2006 when Fury claimed to be unaware of the need for an 0-licence. He was prosecuted and fined £250 with £115 costs. Another vehicle operated by him was stopped in April 2006. He was again prosecuted and fined £1,200 with £115 costs. Seeking the return of the impounded vehicle, Fury claimed the batteries were dumped on his land, and he put them on the lorry out of the reach of children. A t the last roadside check, he claimed to have been told that if he applied for an 0-licence he could continue to operate until it was granted. He had applied for a licence, but received no response.
Refusing to return the vehicle, the TC concluded Fury knew he needed an 0-licence, and the vehicle was being used for his commercial activities at the time it was impounded. The Transport Tribunal concluded that the TC's decision could not be faulted.