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TC rejeds Tribunal's Spanish licence recommendation
Page 34
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A SPANISH RESIDENTS application for a British 0-licence has been turned down for the second time by Eastern Traffic Commissioner Geoffrey Simms, despite a recommendation from the Transport Tribunal that it be granted (CM 21 September).
Gary Brandon's application for an international licence for three vehicles and two trailers based at Wellingborough. Northamptonshire, was initially refused by the TC on the grounds that control of the business would most likely rest in Spain.
Brandon appealed and the Tribunal directed the TC to reconsider the matter, with the recommendation that the application be granted.
Refusing the application for the second time. the TC said it was made by a sole trader who lived in Spain. The drivers were Spanish subjects who also lived in Spain, and the proposed journeys would be between Great Britain and Spain. Brandon was also the CPC holder and, as transport manager, was required to have continuous and effective responsibility for the management of the transport operations.
It must follow that the transport management of the business would be conducted and controlled from Spain by Brandon, as both owner and transport manager. Consequently, said the TC, this was not a British but a Spanish-based operation. to be established in Spain in conjunction with Brandon's existing Spanish distribution business, which required the authority of a Spanish operator's licence.
As this business was established in Spain, it did not meet the requirements of the 0-licensing legislation. The TC considered that, on the balance of probabilities, the authorised vehicles would not be kept at the nominated operating centre.There was no suggestion Brandon had any sinister motives for his application, he simply could not meet the statutory requirements.