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Playing hard to get costs operator his licence

31st March 2005, Page 37
31st March 2005
Page 37
Page 37, 31st March 2005 — Playing hard to get costs operator his licence
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Keywords : Moyse, Law / Crime

THE REVOCATION of a licence because of difficulties in contacting the operator at his given address has been upheld by the Transport Tribunal.

Woodbridge-based Peter Moyse failed to reply to a request for an explanation following a VI report raising concerns about maintenance. Following two reminders, Moyse telephoned to say he would reply as soon as possible. On 23 July 2004 he was sent a letter by first class post and recorded delivery. Moyse claimed to have replied, hut the TrafficArea Office said no reply was received.

TheTA0 wrote again on 18 October,saying the licence had been revoked. That prompted a response from Moyse's wife, who said the required information had been provided in the letter sent in July, a copy of which she enclosed. The case was referred to the Eastern Traffic Conunissioner, Geoffrey Simms, for reconsideration. He decided that the licence should remain revoked.

The tribunal said the TC was entitled to conclude that he was dealing with an operator who did not respond promptly and reliably to communications from his off ice. It had been argued that Moyse had not changed his address so remained contactable. If "contactable" had the limited meaning that letters sent to Moyse's address would reach him, that was correct. However, in the tribunal's view "contactable" here had a much wider meaning because contact between the TC and operator meant the operator must respond promptly, effectively and reliably to communications from the TC and his office.


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