Eric Nicholson Transport granted stay on O-licence loss ahead of appeal

 

Eric Nicholson Transport has been granted a stay on the revocation of its licence, after a traffic commissioner (TC) banned it from operating for five years.

The Cockermouth company said 17 jobs were at risk after its transport manager Eric Nicholson admitted that AdBlue cheat devices had been fitted to its vehicles.

North West TC Simon Evans disqualified him indefinitely from acting as a transport manager and revoked the company’s licence. However, the company lodged an application for a stay of revocation pending an appeal and Evans said that in the absence of a risk to road safety he would grant it.

In a written decision he added: “The removal of the series of devices fitted is such that while fair competition may have been undermined, it is not a current concern. “In these circumstances, notwithstanding I concluded that trust issues persist and whether the proper observance of the regulatory regime has been flouted remains an issue, the grant of the application for a stay is appropriate.”

An Office of the Traffic Commissioner spokesman said: “The decision by Mr Evans to revoke the company’s licence will now be held to await the outcome of the appeal hearing.

“The upper tribunal is a separate jurisdiction and therefore we cannot comment further on appeal cases.”

Company director Lesley Nicholson told CM that local reports about multiple redundancies were correct, but added: “Everything is up in the air. We haven’t won an appeal, everything is still as it is. We just got the stay yesterday.”

The company’s solicitor, James Backhouse, declined to comment.