Revocation appeal fails • Cornish haulier Thomas Benney has lost
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his appeal against the revocation of his licence by Western Traffic Commissioner Christopher Heaps.
Rejecting the appeal, the Transport Tribunal said Benney, of Tresprison Farm, Helston, had appeared at a public inquiry in January 1995 following a number of convictions and problems over drivers' hours and tachographs. Benney was warned then that further transgressions were likely to result in licence revocation.
In October 1997 Benney was again called to public inquiry where his good repute, mainte A traffic examiner said he had asked Benney to produce tacho and fuel receipts, but they were for only two vehicles and they were incomplete. A promise to supply further documents was never kept. Evidence was also given about a conviction relating to a dishonoured cheque.
The Commissioner referred to a number of prohibitions placed on Benney's vehicles and to the substantial debts of a farm in which he was said to have an interest.
Before the Tribunal, Rory Cropper argued it was wrong that Benney should have been required to produce copies of the farm accounts, as a limited company's accounts should not be used to assess the financial status of a sole trader.
Cropper also argued that although the Commissioner had not received a medical certificate until after the public inquiry, and there had been no formal application for an adjournment, the case should have been adjourned.
The Tribunal said the question of an adjournment was a matter for the Commissioner. Benney had been repeatedly asked to send details of his current financial position. If Benney had complied and had kept his vehicles in good condition, then there might have been substance in the argument. It was unfortunate the medical certificate was not before the Commissioner at the relevant time. However, they did not consider that, or the absence of Benney or any representative at the hearing, should be viewed in isolation.