CT: shorter duration
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• South Eastern LA Brigadier Michael Turner has cut the duration of the international licence held by Grays Transport of Andover so that it expires at the end of July.
This follows the conviction of Peter Gray, a partner, for permitting drivers' hours offences and failing to produce tachograph charts (CM 26 April-3 May). At the same inquiry, Turner had before him an application for a licence for 40 vehicles and 53 trailers by Grays Transport, a company formed to take over the business following its purchase by the Red Funnel Group.
For the partners, Peter and Julie Gray, John Backhouse said there had been a system for warning drivers and it could not be said that Gray had been reckless.
The fact that Gray was only fined 210 on each of the permitting offences indicated the seriousness with which the court had regarded them.
But Turner said he could not ignore the situation: he could not act as a Court of Appeal. He had to accept the convictions as recorded and did not feel he could take account of the fact that the penalties were light. Though he accepted the offences resulted from a temporary incapacity, rather than any lack of integrity, they were potentially serious.
He did not feel that revocation was justified, or that suspension or curtailment of the number of vehicles was appropriate in the circumstances, as it was proposed to surrender the existing licence following the grant Of a licence to the new company.
Evidence was given that Gray would work for the new company for 12 months in a diminishing role, to facilitate the transfer, and that the transport manager appointed, Gary Fawcett, would be responsible for tachographs and drivers' hours.