Tribunal refuses to return truck

The Transport Tribunal has upheld a decision not to return a truck to a woman whom a Traffic Commissioner had accused of being "economical with the truth" Jennifer Graves, whose husband had been jailed for manslaughter and had his licence revoked, was appealing against the refusal of Eastern TC Tom Macartney to return an impounded vehicle. She claimed she was unaware that the tractor unit in question was being used without an O-licence.

The TC heard that the tractor had been hauling a 40ft container. The driver had said that he was employed by Eric Thompson of Blackburn-based EP Haulage and was paid by Felixstowe Logistic Solutions, which provided the work. Graves' former husband Martin Graves, of Felixstowe Logistic Solutions, gave Vosa the number of an O-licence which he said was held by Patricia Thompson. However, Vosa's database showed no current licence with that number or in that name. Martin Graves' O-licence had been revoked in July 2003 and he had been disqualified from holding an O-licence indefinitely.

Jennifer Graves said vehicles had been transferred to her as part of a divorce settlement and the vehicle concerned had been hired to EP Haulage. She agreed that her own application for an O-licence in December 2003 had been refused after her husband had been jailed for falsifying records and manslaughter by negligence. Refusing to return the tractor unit, the TC concluded that Jennifer Graves had been "economical with the truth" and still had commercial link with her husband involving the operation of LGVs. Appearing before the Tribunal Jennifer Graves said she disagreed with the TC's findings. She argued that the TC was not entitled to say she had been economical with the truth. Rejecting her appeal, the Tribunal said the TC had given sound reasons for his decision.

RIGHT DECISION

The Tribunal decided it was for the TC to consider the evidence and that his conclusions were reasonable.