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° :I I V E N R I C R L E O:N A N ; T A L J ubilee mounts appeal to
Page 24
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AXLE/VEHICLE
no avail; 0-licence is lost
Julo+lee Mount and its two directors have lost their appeal against the revocation of the company's Ciperator's Licence and their disqualification from holding or obtaining one for six months.
The Humberside-based company had held an international licence for four vehicles and four trailers.
The North Eastern Traffic Commissioner Tom Macartney made the revocation and disqualification orders after concluding that the company had inadequate finance and that its management, Michael Hodgson and Agnes Gaylor were grossly inadequate and unprofessional.
A traffic examiner told the TO about a number of dri vers' hours offences, pointing to one driver who had been on duty for almost 22 hours with only three hours' rest, and that a total of 3,508km were unrecorded.
Gayior said she was responsible for analysis of the tachograph records and was at fault in relation to the drivers' hours offences because she was unable to read the charts due to poor eyesight. When asked, Hodgson could not explain the use of a trailer without a registration plate or a test certificate when it was stopped at Barnstaple; in fact, the truck had been sent on a round-trip to Southampton from the North-East.
For the company and its directors, Paul Carless said that, although the drivers' hours offences were serious, the directors had clearly been out of their depth, having never received any advice in the past.
In the seven months since the Public Inquiry they had operated competently, having received appropriate advice. He argued that the IC had placed too much weight upon the Barnstaple inc,ident and the fact the vehicle was off route. He maintained that the TO had erred in not giving the guidance and assistance ordinarily needed by unrepresented operators so that they could have provided him with the requisite financial evidence.
Rejecting those arguments, the Tribunal said that the TC's conclusion at the time of the Public Inquiry was well founded.
There was strong evidence that the directors did not have effective control of the company's vehicles and that they had permitted a vehicle to be on the road without a valid test certificate.
The call-up letter clearly set out the financial information required by the TO and the amount that the company must show as being readily available.