Operator used lorry after licence revocation

Commercial Motor
September 10, 2022

A Cornish operator has had his application for the return of his car transporter refused after a traffic commissioner (TC) ruled it was being used without an O-licence. Mark Entwistle, trading as Going Places, had requested the return of the vehicle after the DVSA impounded it for carrying two cars, which were being delivered to their new owners. The officers found there was no licence on display and a search of records showed that it had been revoked the previous month.

In his application to have the vehicle returned to him, Entwistle explained that he was in the process of closing his business and had stopped trading. Entwistle said he now realised “the seriousness of my actions and possible consequences” but that his lorry was about to be sold to a local garage.

In his decision, TC Kevin Rooney said the sale of the vehicle was irrelevant and that it had been used unlawfully: “Mr Entwistle could quite easily not have contracted the work for that day and not directed his driver to undertake it. He could quite simply have parked his vehicle up until sold. I have no evidence that he did.”

Rooney added: “The applicant has failed, on the evidence before me, to make out a ground for the return of the vehicle. I propose to refuse the application.”

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