Tribunal awards appeal decision
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• The Transport Tribunal has amended the decision it gave verbally at the conclusion of an appeal made by P. J. O'Donnell (Construction) Ltd against the decision of the East Midland LA to refuse an 0 licence for the company's four vehicles (CM July 28).
Al the hearing the Tribunal announced it had decided partially to allow the appeal by granting a licence for one year only, but the Tribunal has now stated that in order to justify such a limitation under Section 67(3)(a)(ii) of the Transport Act 1968 the application must have been made by a person who did not hold an Operator's licence when the application was made. This provision, however, does not contain the words "granted by that authority" which appear in Section 67(5). The company already holds a licence in the Yorkshire Traffic Area and the grant, therefore, has to be for the full period of five years.
The Tribunal comments that the East Midland LA will no doubt keep the case under review and take appropriate action if circumstances appear to warrant it under Section 69.