Failure to disclose Leads to appeal. loss
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Non-disclosure of former driving convictions and unauthorised use of 0-licence lead to appeal rejection.
TWO BROTHERS WHO failed to notify the Traffic Commissioner (IC) about driving convictions have had their 0-licence appeal bids rejected. The unnotitied offences included speeding and using a mobile phone while driving. A further offence had included allowing a friend's truck to be included on the brothers' licence.
In an Upper Tribunal ruling. Judge Jacqueline Beech upheld decision,, made by North Western Deputy Traffic Commissioner Lester MadreII: at a December 2009 public inquiry he revoked the interim 0-licence of Colin Fletcher trading as MCUK Haulage: refused a new licence application from Cohn Fletcher; and found that Paul Fletcher had lost his repute as transport manager.
Since 2001, Ormskirk, Lancs-based Colin Fletcher had operated on his own account using a partnership licence, with Paul Fletcher as transport manager.
Cohn Fletcher applied successfully in April 2009 for an 0-licence authorising one vehicle and one trailer with Paul Fletcher as nominated transport manager.
However, the brothers had failed to notify motoring convictions to the TC In January 2008, Colin Fletcher received a fixed penalty notice for using a mobile phone while driving a car. He was fined £80 and his licence was endorsed with three points Paul Fletcher was convicted in October that year of speeding, fined £100 and had his licence endorsed with three points.
In addition, in March 2008, Colin Fletcher agreed, as a favour, to authorise a vehicle owned by his friend David Doring on the partnership licence.
Southport-based Doring operated the vehicle, displaying a partnership licence disc until he was stopped by VOSA in January 2009.
He was subsequently prosecuted for operating without an 0-licence, and in September 2009, fined £557 Judge Beech also upheld the decision to refuse Doring, trading as Doring Transport, an interim licence, as well as an 0-licence for one vehicle and one trailer.
Paul Fletcher's explanation for failing to notify the 'I'C of his speeding conviction was that when he had taken his CPC examination in 1997, it was unnecessary to do so.