Caught in silent check
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• Sworn affidavits by the proprietor and transport manager of West Bromwich-based Jyote Haulage that two vehicles had not been used for 10 months conflicted with silent-check reports by a traffic examiner.
As a result, West Midland Traffic Commissioner David Dixon adjourned consideration of disciplinary action against the company's three-vehicle licence so the traffic examiner can be called to give evidence.
Vehicle examiner Michael Brown told the inquiry that the number of defects listed on two prohibition notices suggested the firm's vehicle maintenance was not good enough.
For the firm, Tim England said that a conviction for the use of red diesel arose after a driver ran out of fuel, blocking the entrance to a building site.
The driver was persuaded to take a small amount of red diesel to get his vehicle to a garage. He ran out of fuel again and as he was blocking the road the police became involved. The police and Customs were satisfied that this was an isolated incident, but the firm had to pay a £500 penalty plus the duty on 17 litres of fuel.
The business had originally been run by transport manager Jatindor Singh, said England. He ran into difficulties following domestic problems and borrowed money from his sister, Narinder Kaur, subsequently transferring the assets into her name.
England produced affidavits from Kaur and Singh stating that two vehicles had not been used on the road between March and December 1997.
Traffic examiner Donald Malcolm told the inquiry that the firm had been fined £1,200 with
re 5 costs when it was convicted of failing to produce tachograph charts for those two vehicles after they had been seen carrying sand in September 1997.
England said matters involving other convictions which had only recently been brought to his notice required investigation: the TC decided to adjourn the proceedings unti117 December.