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Deal was not a scam...

9th December 2004
Page 9
Page 9, 9th December 2004 — Deal was not a scam...
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Which of the following most accurately describes the problem?

A NORFOLK haulier said by the EastemTraffic Commissioner to be running a "scam" has won his appeal against the revocation of his licence and his indefinite disqualification from holding or obtaining an 0-licence in any traffic area.

The Transport Tribunal said TC Geoffrey Simms had made a mistake in a complex area of law.

Simms had made the revocation and disqualification orders after deciding that Lenwade-based George Wright, trading as Wright Transport Services, had allowed Luton-based EA Scaffolding & Systems to use his vehicles.

The scaffolding firm's director Robert Vernon, had been disqualified from holding an 0-licence for six months in December 2000.

For Wright, Tim Nesbitt argued there was a bona fide agreement for the exchange of services. When they were driving rather than car tying out scaffolding work,Wright had control of the drivers despite the fact they were employed by EA Scaffolding.

Allowing the appeal, the TransportTribunal said the TC had been misled. It appeared that having decided Wright could not meet the requirements of 0-licensing legislation. Simms concluded that the arrangements must constitute a scam, and justified the ultimate sanction. However. the Transport Tribunal said that the agreement was perfectly legal.


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