A judge has overturned the decision to revoke an HGV driver’s vocational licence and ban him from driving indefinitely.
Simon Carrington successfully appealed against the decision made by deputy traffic commissioner (TC) Fiona Harrington last month, which was made after he was found to have left a chemical spill from his vehicle unattended.
A hearing at Leeds Magistrates’ Court on 21 July saw a judge direct that Carrington have his driving licence reinstated. The Office of the Traffic Commissioner was ordered to pay his costs.
The judge agreed the nature of the incident was serious and understood why the deputy TC found a period of disqualification was necessary, but believed a six-month disqualification would have been more appropriate.
The judge found that the deputy TC had failed to give weight to positive features such as his driving and employment history, as well as the effect that the conviction and suspension of his licence had upon him.
Given that Carrington had already served a six-month suspension, the judge found he should face no further sanction.
