Dundee haulier TS Transport (Scotland) has managed to overturn the four-week suspension of its 10-vehicle O-licence, however, an appeals tribunal upheld a six-month curtailment of its fleet.
The firm had been appealing against a decision by Scottish Traffic Commissioner Joan Aitken in August where she ruled that drivers' hours offences and connections with a non-compliant operator merited the suspension, followed by curtailment in the interests of "fair competition and road safety". She also downgraded the firm's licence from international to national and dealt with a number of the company's drivers, including directors Brian and Darren Wright.
At the tribunal, John McLaughlin, for the company, said the TC had been mistaken about the age of the company, which had unduly influenced her fixing the periods of suspension and curtailment.
He also stressed that she had not taken account of the improvements made by the company, nor the fact that a four-week suspension might close the company.
Drivers not called before her may also lose their jobs due to the curtailment, he added.
The tribunal said it accepted the submissions and ordered that the suspension be revoked and instead that the licence should be curtailed to five vehicles for six months, starting on 28 December. The licence downgrade also remains in place.
Year: 2020 | Cab Type: M | Mileage: 304,160 km | Power: 316 bhp | Weight: 35,000 kg | Category: Rigids
Year: 2015 | Cab Type: Crewcab | Category: Rigids | Make: Mercedes-Benz Trucks | Model: Econic
