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Q I run a mixed fleet of vehicles including light

9th August 1974, Page 80
9th August 1974
Page 80
Page 80, 9th August 1974 — Q I run a mixed fleet of vehicles including light
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Which of the following most accurately describes the problem?

vans. These vans are not specified on my operator's licence and are based at . depots away from my main base but in the same Licensing Area as the one which issued the operator's licence for my heavier vehicles.

Recently, after a series of spotchecks on the light vehicles, 1 received a number of immediate prohibitions for maintenance defects. Later, I was convicted for using defective tyres. I have been told that the LA may now take action against my operator's licence despite the ,fact that the prohibited vehicles are not specified on it. Is this possible?

A The Licensing Authority has wide powers under the 1968 Act and in terms of Section 69 he is empowered to revoke, suspend or curtail your operator's licence if you have been convicted of an offence relating to the maintenance of vehicles in a fit and serviceable condition, limits of speed, and weight, or the licensing of drivers.

The Act does not state that the vehicles must necessarily be those specified on your operator's licence, it is sufficient that you operate them. The Licensing Authority is at all times concerned that the holder of an operator's licence is a "fit person". Overloading or maintenance convictions for lighter vehicles may suggest to him that you are not a fit person and he can take appropriate action, but before a public inquiry takes place he is likely to ask his examiners for a report on your entire fleet.

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Organisations: Licensing Authority

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