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P LEGAL BRIEFS Operator wins fresh licence

8th January 2009, Page 24
8th January 2009
Page 24
Page 24, 8th January 2009 — P LEGAL BRIEFS Operator wins fresh licence
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A WIGAN OPERATOR who had his licence revoked after failing to attend a public inquiry has won a fresh licence from North-Western Traffic Commissioner Beverley Bell.

Martin McDermott, trading as North West Scaffolding, had applied for a new one-vehicle restricted licence.

McDermott told the TC he had recently attended a Road Haulage Association 0licensing seminar, which he found both "amazing and frightening" because there was so much legislation. He now realised that any vehicle he operated must be roadworthy and that was why regular safety inspections and maintenance records were so important.

He agreed with the TC that she had "won his heart and mind".

After McDermott had said that it had cost him £2,000 to put everything in place, the TC said it would have been cheaper had he done it right in the first place.

McDermott replied that he could not change the past but he could change the future.

Suspended for seven days

VEHICLE MAINTENANCE and drivers' hours problems have resulted in the licence held by Birmingham-based Patrick Bourke, trading as Bourke Stores, being suspended for seven days by West Midland Deputy Traffic Commissioner Miles Dorrington.

Bourke appeared before the Deputy TC at a Birmingham disciplinary inquiry. He gave an undertaking that his vehicles and trailers would have roller brake tests every 12 weeks, not including the annual test, the results to be recorded and retained for two years.

He also undertook to implement and complete a training programme relating to the drivers' hours rules within five weeks, with written details being submitted to the Traffic Area Office within 10 days of the course.

As part of the undertaking, Bourke must then give annual training to all new and existing drivers, with the records retained for two years.

Axle overload leads to fine

AN AXLE OVERLOAD cost Malton, North Yorkshire lorry driver James Fenwick £1211 in fines and costs when he failed to appear before Macclesfield magistrates.

The court was told that a three-axled rigid carrying a CAT excavator, driven by Fenwick on a journey between Smallwood, near Holmes Chapel, and Doncaster, was stopped in a check on the A556 at Rostherne. When weighed, the maximum permitted first axle weight of 6,700kg was exceeded by 2260kg, an excess of some 33.73%.

The vehicle was also found to have exceeded the permitted second axle weight of 9.500kg by 860kg which is equal to 9.05% and the maximum permitted gross vehicle weight by 2,870kg or 11.17%.

Fenwick was prosecuted for the first axle offence and the magistrates found the case proved in his absence. They fined Fenwick £1,000 with £196 costs and a £15 victim surcharge.


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