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Scottish haulier disqualified indefinitely

5th May 1972, Page 16
5th May 1972
Page 16
Page 16, 5th May 1972 — Scottish haulier disqualified indefinitely
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Which of the following most accurately describes the problem?

• The Fife, Scotland, haulage contracting firm of Hutchison Bros, Boreland, Dysart, which has a fleet of 20, had its licence revoked at a sitting of the Licence Authority in Kirkcaldy on Monday.

Mr A. B. Birnie, the Scottish LA, also ordered that Mr Haig Hutchison be disqualified from holding an operator's licence in the Scottish area for an indefinite period.

Mr Birnie further directed that if Mr Hutchison at any time, or during any period that Mr Birnie might specify, was a director or held a controlling interest in a company or subsidiary holding a licence or operating goods vehicles in partnership with a licence holder, that the licence of such company or person should be liable to revocation, suspension or curtailment.

The firm had been called to show cause why its licence should not be revoked, suspended or curtailed.

Mr Birnie said this was the most drastic decision he had felt obliged to take so far in the Scottish traffic area. So far as the condition of the vehicles was concerned, this operator had a long and sad history. He had been most recently before the LA in Dundee on May 28 last year, when he (Mr Birnie) had curtailed the licence. The LA had at that time said that an eye would be kept on the firm and that it was possible he would be severe on them if he ever found it necessary to call them before him again. Mr Birnie said that since that inquiry, in a period of 11 months, the firm had received six immediate prohibitions and six delayed prohibitions. "It was, of course, possible", said the LA, "to say that these defects could have just happened", but that was not the general picture he had got. The general picture was very much worse than it should have been.

Mr Birnie said he felt he should take fairly severe curtailing action on the prohibition notices alone, but in addition to that there was a conviction under Section 200 of the Customs and Excise Act 1962. Mr Haig Putchison was 'fined £15,000 at Kirkcaldy Sheriff Court on March 9 for selling 38,000 gallons of heavy oil on which rebate had been allowed for home use, and which he sold for use as a fuel for vehicles..

Mr Birnie said that when he had a ma before him who had been in trouble wit him for some time, he felt obliged to tak drastic action. He regretted the possibl effects on other people. Mr Hutchison ha. told the hearing that 111 people, includin the families of employees, were depender on the firm. Nevertheless, said the LA, th responsibility lay with the operator.

Mr Birnie said the revocation would corn into effect on the last day on which a appeal was allowable. During the hearin the advocate for the licence holder said M Hutchison was prepared, if necessary, t give an undertaking to hand over th executive power to another person, or eve to form a limited company with a undertaking not to take charge of th general administration of the business.

The company told CM on Wednesda that there was a strong possibility that a appeal would be lodged.


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