Operator fights off revocation on appeal

An operator has escaped revocation on appeal, but must suffer loss of authority and a licence suspension instead. The Transport Tribunal quashed the revocation of the licence held by Tonbridge-based Keith Chapman and Ralf Alwani, trading as Highway Deliveries, but ordered the licence to be suspended for a week and cut from 10 vehicles and seven trailers to six vehicles and seven trailers. South Eastern & Metropolitan Traffic Commissioner Philip Brown had revoked the licence after one of the specified vehicles was impounded while being used by Frederick Nixon, trading as Dial A Skip, and displaying an O-licence disc in the name of the partnership. Apart from the vehicle impounded in February all the other specified vehicles were owned by MFI Retail and operated by the partners under contract to MFI for the transport of furniture.

Alwani agreed with the TC that the impounded vehicle was not kept at the partner's operating centre. He said he had sought advice from the FTA and thought that what he was doing was permissible. Revoking the licence the TC said an experienced operator like Alwani could not hide behind a cloak of ignorance or foolishness, particularly when he was aware of Nixon's earlier unlawful actions when using an O-licence disc belonging to Highway Deliveries. The Tribunal said insufficient credit had been given to the firm's previous good record and Alwani's candour. It also thought the seriousness of the earlier impounding might not have been fully understood because the vehicle was returned to Gillam.

Though holding that revocation was disproportionate, the Tribunal was satisfied that some action must be taken to reflect the seriousness of the situation.