Haulier wins appeal over impounded vehicle

Huntly-based James Innes, trading as James C Innes & Sons, has won his appeal against the refusal of the Scottish Traffic Commissioner, Joan Aitken, to return a vehicle that was impounded after it was used following the revocation of his licence, insofar as the Transport Tribunal has directed that the matter be considered by a different TC.

In March 2008, Scottish Deputy Traffic Commissioner Richard McFarlane revoked Innes' O-licence, which authorised 18 vehicles and 25 trailers. That decision was upheld by the Transport Tribunal, and a subsequent appeal was rejected by the Court of Session.

Innes had sought the return of the vehicle on the grounds that he was unaware it was being used without an O-licence because it had been hired out to Magee Haulage of Co Tyrone.

Aitken made her decision without a public inquiry. She considered that Innes was a man who could not be trusted, either to operate goods vehicles compliantly or to tell the truth. She concluded that the whole arrangement with Magee Haulage was a sham to get Innes operating again and was in defiance of the orders made against him.

The Tribunal said it was not enough for the TC to disbelieve whatever Innes said on paper, unless the position was so overwhelming. She had to expressly deal with his allegation that he understood everything to be in order. Although Innes might have an uphill task, he was still entitled to have his day in court.

Vital to get all the facts

In cases covering the impounding of vehicles, TCs must be astute enough to order hearings to enable all avenues to be explored if the facts are not straightforward.