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Trip to US cost haulier return of licence
Page 10
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HAULIER WHO failed to rovide a breath specimen and hstructed a constable has had n appeal against the revocation I his licence dismissed after he 'ent abroad and failed to notify le authorities.
James Kearney pleaded guilty ) the offences in July 2007 and as fined E300 and disqualified for 2 months. His solicitors told the Traffic Commissioner he wanted to retain his 0-licence so he could re-enter the industry after his ban.
However. Kearney did not reply to a letter sent via his solicitors from the Traffic Area Office requesting evidence of his financial standing.
His solicitors said he had travelled to the US, which they were unaware of until after the deadline. In the meantime, the South-Eastern and Metropolitan TC revoked his licence for one vehicle.
His solicitors argued: "The fact he was not aware was due to no fault of his, and he should not be placed in any worse position than if he had complied with the [TC's1 req uest.
But Hugh Carlisle, QC. disagreed and concluded Kearney went abroad without notifying either the TAO or his solicitors at a crucial time. Carlisle added: "We are satisfied that in the absence of any response from the appellant the [TC's] action cannot be faulted.
"It is to be regretted that the appellant's solicitors did not telephone him earlier."