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Tribunal allows Targett appeal
Page 48
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• In a written judgment, the Transport Tribunal has allowed the appeal of F. C. Targett and Sons Ltd. (CM June 14). The appellant had applied for his B licence to be varied by the deletion of an articulated semi-low loader and the addition of a similar vehicle of a greater weight. It was stated at the hearing of the appeal that the application had been made so that the appellant might substitute an unplated for a plated outfit conforming with the new Construction and Use Regulations.
The LA stated in his decision that he preferred to accept the evidence of the respondents, supported as it was by British Road Services, that a grant of the vehicle being sought would have enabled the appellant to carry heavier loads and concluded that abstraction could therefore have resulted. The Tribunal, in its judgment, however, felt that the important question was whether the evidence stating that the appellant was not seeking to carry bigger loads was to be believed. As the LA had not made any finding unfavourable to the appellant on this matter, the Tribunal thought it would be wrong for it to do so without the advantage, which the LA had had, of seeing and hearing him giving his evidence.