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IC delays licence revocation so operator can seek advice

28th February 2008
Page 23
Page 23, 28th February 2008 — IC delays licence revocation so operator can seek advice
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Which of the following most accurately describes the problem?

An operator with an "appalling history" has had his revocation delayed

by four weeks to allow him to take legal advice. Mike Jewell reports.

A LANCASHIRE operator said by NorthWestern Traffic Commissioner Beverley Bell to have an "appalling history" has had his 0-licence revoked and a licence application by his limited company refused.

However, the TC delayed the revocation of the existing two-vehicle licence held by Boltonbased Gary Tonge for four weeks to allow him to take legal advice. She refused an application for a new five-vehicle licence by Northern Aggregates & Grab Hire, of whichTonge is the sole director.

Vehicle examiner Shaun Elliott said maintenance was contracted out,and there were three vehicles in Ibnge's possession. One had been given a delayed prohibition in March and subsequently issued with a variation and refusal to clear notice. An immediate prohibition and a delayed prohibition were issued to vehicles examined during his maintenance investigation. Tonge had been unable to produce records for all vehicles. Odometer readings appeared to show vehicles had been used while prohibition notices were in place.

Traffic examiner Christine Finegan said one vehicle had a variety of drivers,and tachograph charts relating to it were in disarray, with unaccounted mileage and centrefield and mode switch anomalies. Tonge did not have a formal system for checking charts, relying on drivers' knowledge. He was not keeping a formal record of activity with regard to the Working Time Directive.

Tonge said he would not knowingly have a vehicle on the road with a prohibition in force and he assumed it had not been lifted due to an oversight. He added that he was not experienced in road transport and accepted he had made errors. It had taken a couple of years to realise the importance of the paperwork, but he said he now had proper systems in place.

Admitting he had been operating three vehicles, Tonge said he had assumed he had interim authority for an extra two vehicle! having made an application. He agreed h. had been prosecuted for operating mor vehicles than he was licensed for, and that h had continued to do so since. He accepted th2 the fine and costs should have been paid la5 September but had been paid only that da: He denied creating safety inspection record himself but agreed he had been prosecuted fc failing to produce tachograph records.

In delaying the revocation,theTC saidTong would be granted time to consider his positio, and suggested he take advice. •


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