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Conviction for wounding loses Hazel licence appeal
Page 19
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Hertford based owner-driver Neil Hazel has lost his appeal against the revocation of his licence by the Western Traffic Commissioner Philip Brown, following a conviction for wounding.
The Transport Tribunal said that Hazel, who traded as JRS Freight, was granted a licence for one vehicle and one trailer in March. The application form, which was submitted in January, lid not disclose that he had been convicted in January 1997 of wounding with intent and that he had been sentenced to 46 months' imprisonment.
After the Traffic Area received information from the police, Hazel was called before the TC in May. He explained that the application form had been completed for him by a traffic consultant during a teatime meeting at a Little Chef restaurant. As to the conviction itself, he said that it had been an altercation in a night club car park when he was younger and he had acted in self-defence.
The TC rejected Hazel's explanation and concluded that he was obliged to revoke the licence. Hazel appealed against that decision on the grounds that it was unfair.
The Tribunal found that Brown was wrong to be critical of the non-disclosure in the application form. And although the conviction was both relevant and serious, it was not one that was notifiable under the legislation. Nevertheless, it was so serious and recent that it could not be overlooked and the Traffic Commissioner was obliged to conclude that Hazel had lost his good repute.
Finally, the Tribunal noted that the TC had not disqualified Hazel from holding an 0licence, which was recognition of the fact that a single serious conviction was not in itself a permanent bar.