Tribunal confirms IC's revocation
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IN The Transport
Tribunal has upheld the licence revocation of a haulier who failed to respond to letters from the Vehicle Inspectorate and the Traffic Commissioner.
Clifford Walker, who traded as T Walker Transport of East Farleigh, near Maidstone, held a licence for two vehicles and four trailers. In January the VI made an unsuccessful attempt to arrange a maintenance inspection. In February South Eastern and Metropolitan TC Brigadier Michael Turner wrote to Walker indicating that because he hadn't contacted the VI he could only conclude there had been a material change of circumstances This letter also gave Walker an opportunity to state why disciplinary action should not be taken against his licence, warning that if he didn't reply within 21 days consideration would be given to revoking the licence.
No reply was received; the TC revoked the licence and Walker was advised of the decision in a letter. The following Tuesday Walker's solicitor wrote to the TC saying he had not received any of the letters and seeking a stay pending an appeal. This was granted.
Before the Tribunal, Tony Ostrin, for Walker, said that as he had not received the letters he was unaware of the need to
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arrange a maintenance inspection or that his licence was at risk. He argued that the VI should have gone to the operating centre and the TC should have written to Walker more than once.
Dismissing the appeal, the Tribunal said TCs and the VI had finite financial resources and it was not in the public interest that they should be wasted in efforts to compel operators to co-operate when it was their duty and responsibility to co-operate and communicate with the TC, his staff and the VI.
The Tribunal said each of the letters was addressed to the operating centre and Walker reacted with some speed to the letter indicating that his licence had been revoked, so there could be no doubt that the letter arrived.
It seemed a remarkable coincidence that one letter should arrive if the earlier letters did not.