'Penalty of the day' complaint
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• The Transport Tribunal, sitting in Edinburgh, reserved its judgment this week on the appeal of I. and H. Brown (Plant) Ltd against the decision of the Scottish deputy LA to remove the margin from the company's licence.
Mr R. A. Hunter, appearing for the appellant, said that the company was appealing against the decision because two of the GV9s which had been considered by the deputy LA did not refer to the appellant and that the penalty imposed had been too severe.
Mr Hunter said there had been two other cases before the deputy LA on the day of the inquiry and both the companies concerned had had the margins from their licences removed, as in the case of the appellant. It appeared, said Mr Hunter, that the removal of a margin had become the "penalty of the day".
The penalty, he said, was unfair on a firm which was new, young and growing and which really needed its margin.
Two of the GV9s referred to, explained Mr Hunter, had concerned vehicles owned by I. and H. Brown, a farming concern, whose partners were also directors of the appellant company. While the letter outlining the GV9s had appeared formidable the removal of two GV9s reduced the severity of the case against the firm. Mr A. P. H. Mackay QC, president of the Tribunal, pointed out that the Tribunal had limited scope to interfere with the decisions of LAs except on a matter of principle and there did not seem to be such a principle in this instance.
A final point was raised regarding the notice published to indicate the penalty imposed by the LA. This had been published in the name of I. and H. Brain and not I. and H. Brown and the question was therefore raised as to whether there had been proper publication of the LA's decision. The Tribunal's decision was reserved.