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Operator awaits verdid on refusing VI 'bogey men

4th March 2004, Page 31
4th March 2004
Page 31
Page 31, 4th March 2004 — Operator awaits verdid on refusing VI 'bogey men
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An operator who refused to co-operate with the VI must wait to see what action is taken against him. Mike Jewell reports.

AN OPERATOR who failed to co-operate with the Vehicle Inspectorate (VI) on the grounds that he regarded vehicle examiners as 'bogey men must wait to see what action will be taken against his licence following a two-day Public Inquiry.

Keith Leoline Davies. trading as Davies Commercials, of Aberaeron, who holds a licence for four vehicles and two trailers, appeared before the Welsh Deputy Traffic Commissioner Roger Seymour because of concerns over an 'S' marked prohibition, unsuccessful attempts to carry out maintenance checks, vehicies being used without current test certificates and two convictions under the Environmental Protection Act.

UTICO-operative Vehicle examiner Alan Rustage said he had twice tried to carry out maintenance investigations. On the second occasion Davies had tried to snatch his warrant card out of his hands. There was a tussle and then Davies refused to allow him to enter the operating centre.

In October he had gone to question Davies with a police officer about the use of vehicles without test certificateslhe police car stopped next to Davies and when the window was wound down Davies pushed the handle of a two-foot long socket bar in Rustage's direcfion. He formed the view he would be unable to question Davies and left the premises.

For Davies. Ray Saltiel said he dealt in scrap and the sale of commercial and scrap vehicles, mainly for export.The DTC said the annual test history could not be established as Davies had claimed that his vehicles were exempt. Saltiel said the confusion was that Davies was using the vehicles as recovery vehicles, which did not need testing.

Though they were registered as skip loaders they were taxed as recovery vehicles.

Vehicle examiner Alister Price said he had attempted to carry out an investigation following the issue of an 'S' marked prohibition without success.

Traffic examiner David Thomas said he had gone with two vehicle examiners to meet Davies at the Llanwrst Test Station to check tachograph records but Davies failed to turn up. The DTC commented that it was clear that Davies did not intend to co-operate.

Compliance Davies said he had discussed the taxation class with the DVLA. which told him what to do. He felt he was complying with the law. There had been a serious fire at his premises and all the records had been lost. He was a qualified fitter and he would not use a vehicle unless it was fit. Asked about his failure to co-operate, Davies said he had not known who the people calling at his premises were. Claiming he had the best garage in the area, Davies said: -1 have no problem but don't try to push me around!" Saltiel said that prior there was nothing adve the record of a liceno had been held for 10 There had been a reluc to co-operate. Before Davies had seen vehic aminers as "bogey men" and with a little help it could have been sorted out. Davit been ignorant of the regulations.

The DTC is to announce his decisi writing at a future date. •


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