Odic appeal is dismissed
Page 19
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The Secretary of State has dismissed an appeal by a West Midlands coach operator against a decision of the West Midlands Traffic Commissioners. The appellant Phillip Terry Smith had his public service operators licence curtailed by three years.
The operators appeared be
fore the Commissioner on May 8 to answer a charge made under the PSV Act 1981, Section 150. It was alleged he had failed to make adequate arrangements for maintaining his vehicles.
An official inspector R. N. Denby reported to the Secretary that P. T. Smith had not presented the full facts at the hearing. He added that had he done so the Commissioners may have taken a different view.
One vehicle was the major factor in the case and subsequent appeal. It had a history of brake failure spreading over a year and had been involved in an accident.
Since then the operator had taken steps to improve his maintenance facilites. This factor could not be taken into account at the disciplinary hearing. It will be considered when Mr Smith applies to renew his licence in November this year.
The Secretary agreed with the inspector and dismissed the appeal. The decision was given in writing last week.