Lack of letter caused problems
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The Transport Tribunal has quashed the revocation of the licence held by Cambridgeshire haulier Mike Smith—but it stressed that Eastern Traffic Commissioner Geoffrey Simms could not be criticised for revolongthe licence.
March-based Smith, who trades as Mike Smith Transport, held a licence for three vehicles and six trailers.
The Tribunal said that in February 1998 the Eastern Traffic Area was informed that his transport manager, Wendy Smith, was resigning. The Traffic Area wrote asking what alternative arrangements were being made and Smith replied that he had arranged to take the CPC course himself.
Smith was given a period of grace until early November, when the Traffic Area wrote asking for relevant details. No reply was received. In December Smith was warned that the TC planned to revoke his licence and he was advised to make written representations within 21 days. Once again Smith failed to reply in writing, though he did phone the Traffic Area Office.
Smith received his CPC certificates in January and they were sent to the Traffic Area Office with a form GV80A, showing Smith as the new transport manager. But in the meantime the TO had revoked the licence on the grounds that Smith was no longer professionally competent.
The Tribunal commented that this appeal was another reminder of the importance of replying in writing to letters from a Traffic Area Office. While the phone might be quicker and easier, and allowed for an exchange of views, there would be no record of what was said.
Smith's failure to reply to the Traffic Area Office in writing left the IC with no option but to revoke the licence. However, he plainly would not have done so had he seen the Certificates of Competence, so the appeal had to be allowed,