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No revocation, but licence is suspended

6th March 2008, Page 23
6th March 2008
Page 23
Page 23, 6th March 2008 — No revocation, but licence is suspended
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Which of the following most accurately describes the problem?

AN OPERATOR IIAS escaped revocation on appeal, hut must suffer loss of authority and a licence suspension instead.

The Transport Tribunal quashed the revocation of the licence held by Tonbridge-based Keith Chapman and Ralf Alwani, trading as Highway Deliveries, but ordered the licence to be suspended for a week and cut from 10 vehicles and seven trailers to six vehicles and seven trailers. South-Eastern and Metropolitan Traffic Commissioner Philip Brown had revoked the licence after one of the specified vehicles was impounded while being used by Frederick Nixon, trading as Dial A Skip. At the time it was displaying an 0-licence disc in the name of the partnership.

Apart from the vehicle impounded in February, all the other specified vehicles were owned by MFI Retail and were operated by the partners under contract to MFI for the transport of furniture.

Alwani agreed with the Traffic Commissioner that the impounded vehicle was not kept at the partner's operating centre. He said he had sought advice from the FTA and thought what he was doing was permissible.

Revoking the licence, however, the TC commented that an experienced operator such as Alwani could not hide behind a cloak of ignorance or foolishness, particularly when he was aware of Nixon's earlier unlawful actions while using an 0-licence disc that belonged to Highway Deliveries.

The Tribunal said insufficient credit had been given to the company's previous good record and Alwani's candour.

It also thought the seriousness of the earlier impounding might not have been fully understood because the vehicle was returned to Gillam.


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