Tougher regulations
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have heard that some extra rules were made last year about a haulier losing his good repute through convictions for some offences, but I have not been able to find out anything definite on the subject.
Can you help?
A In October 1990 the regulations on Operator Licensing were amended following changes in the EC rules on
admission to the profession of haulier. They specify conditions under which an LA must find that a person is not of good repute. Consequently, he must refuse him a licence or revoke his 'existing licence.
An LA must find that a person is not of good repute if (a) he has been convicted of serious offences or (b) he has been repeatedly convicted of road transport offences, A "serious" offence is one with a sentence of more than three months' imprisonment, a fine exceeding £1,000, or more than 60 hours community service, or is a corresponding offence in another country for which a corresponding punishment was imposed.
A road transport offence can be an infringement of drivers' hours and rest periods; weights and dimensions; road and vehicle safety; or a corresponding offence outside the UK, However, spent convictions must be disregarded and an LA has discretion to disregard an offence if he considers an "appropriate" time has passed since the conviction.
As the maximum fine for tachograph, overloading and some other Road Vehicles (Construction and Use) Regulations 1986 offences is £2,000, an operator should be careful not to be convicted of such offences.
If convictions for any road transport offences were incurred "repeatedly" — regardless of the size of the fine — the licence would have to be revoked.
What amounts to "repeatedly" is not defined,