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Owner without O-licence loses appeal for truck return

6th October 2011
Page 7
Page 7, 6th October 2011 — Owner without O-licence loses appeal for truck return
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By Roger Brown

THE OWNER OF a truck who had it impounded by VOSA after it was discovered displaying no O-licence disc has lost his appeal for its return.

Upper tribunal Judge Mark Hinchliffe upheld the decision made by Richard Turitt, Trafic Commissioner (TC) for the Eastern Trafic Area, in May when he refused the application from Max West to return his MAN two-axle unit.

The lorry was stopped by police on the A5 at Magna Park, Lutterworth, in April, carrying three sheets of plywood and welding equipment. Driver Philip Hall said he was being paid by RHD Pailton to move goods and equipment from Pailton to Rugby. However, it was impounded by VOSA oficers after it was found without an O-licence disc.

RHD Pailton had been convicted for operating without an O-licence in August 2009 and ined £2,500, while an O-licence application from the irm was refused in November 2010 because it had failed to disclose the 2009 conviction on its application.

In March 2011, the company was again ined £405 and £450 for not having an O-licence on two occasions in 2010, as well as further ines totalling £900 for having no MoT and incorrect vehicle duty paid.

When VOSA staff searched Companies House records they discovered that in April, Hall had taken over as sole director at RHD Pailton from West’s wife.

Hinchliffe said: “We are satisied that the TC’s approach and conclusions were plainly right. The TC was right to conclude that, on the face of it, an operator’s licence was needed.”


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