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Disqualification overturned but revocation stands
Page 39
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A CHESHIRE WASTE operator penalised following four public inquiries has won his appeal to have a licence disqualification order lifted.
The Transport Tribunal upheld the revocation of the 0-licence held by Frod,sham-based Ralph Avis, trading as Avis Waste Services. However, it quashed the oneyear disqualification which North-Western Traffic Commissioner Beverley Bell had also imposed.
The Tribunal believed the revocation order was sufficient to force Avis to resolve his compliance problems.
Avis held a six-vehicle licence and had previously given an undertaking to have his vehicles roller brake tested four times a year.
Appearing before the TC, a vehicle examiner had given evidence that he had examined three vehicles which were in a satisfactory condition. However, one vehicle had not been roller brake tested. the maintenance records were poor and the forward planner only planned a month ahead.
Avis had told theTC that he had appointed an independent audi tor,A If Carmichael. a former Vosa exam iner. on the recommendation of the vehicle examiner.
Making the revocation and disqualification orders. theTC had considered Avis was unable to comply with the regulations without the help of Carmichael and it was therefore appropriate and proportionate to close down the business.
Appearing before the Tribunal for Avis,Tim Nesbitt. argued that no credit had been given for the good condition of the vehicles. He said the TC had paid too much attention to the firm's history and too little attention to recent improvements. Nesbitt claimed said the TC's decision had been too harsh,calling the disqualification order disproportionate and unjustified.
Lifting the disqualification order, theTribunal agreed with that overall assessment. While there had been record-keeping failings, the key factor was the need for Carmichael to carry out a root-and-branch review and reform of the record systems.That should achieve compliance with the scheduled safety inspections, driver defect reporting. brake testing and annual testing that was necessary for a well run 0-licence.
Summary
REVOCATION SHOULD DO THE TRICK
The Tribunal concluded th revocation of the licence \A, a sufficient penalty to requ the operator to institute a rigorous review of its recori systems — disqualification was a step too far.