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No 0-licence, no excuse, so no return
Page 38
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AN OWNER-DRIVER from Dagenham, Greater London who admitted using his vehicle before applying for an 0-licence has failed to get the truck returned. Peter Stirrup had claimed that without the return of the impounded vehicle his business would close.
South-Eastern and Metropolitan Traffic Commissioner Christopher Heaps noted that the vehicle was impounded on 27 September while loaded with effluent tanks and driven by Stirrup.
Stirrup said he was the company secretary of Gemini Container Hire and the vehicle was being used for that business. Neither Stirrup nor the company held an 0-licence but Stirrup said he had a form in the office to apply for one. He admitted that he had previously held an 0-licence in his own name, trading as PRCS.
In his application for the vehicle's return, Stirrup said he had just started a new business after going through a divorce and losing everything. At the time he was stopped he was in the process of applying for a licence. He had to have enough money in the bank to apply for a licence and he had occasionally used his truck to further the business.
Directing that the vehicle should not be returned, the TC concluded Stirrup's admissions showed that he knew the vehicle was being used unlawfully.
NO JUSTIFICATION FOR RETURN The applicant in this case could not show any grounds for the return of the vehicle. He had been driving it and clearly knew that it should not have been operated without an 0-licence, having previously held one in another business.