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Tribunal raps TCs for application oversight
Page 33
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THE TRANSPORT TRIBUNAL has told two TrafficArea Offices to sharpen up their acts after they failed to notify 0-licence applicants of their rights to reapply for a licence after refusal on a technicality.
The Eastern and North Western Traffic Area Offices were rebuked by the Tribunal for failing to advise 0-licence applicants that they could reapply for a licence within 21 days of an advertisement appearing in a newspaper after the original application had been refused because the application had been advertised outside the time limit.
The Tribunal dismissed appeals by Project 2000 Europe against the refusal of its application for an 0-licence by the Eastern Traffic Commissioner Geoffrey Simms and by JCM Print Services against the refusal of its application by the North Western Traffic Commissioner Beverley Bell. Although they had considerable sympathy with the two companies. they could not allow the appeals. said the Tribunal.
The legislation was clear in its terms. A Traffic Commissioner had to refuse an application without considering its merits unless a notice of the application had been published in a local newspaper within the period of 21 days before or 21 days after the date of the application. In both cases the advertisements were published 22 days after the date of the application.
They said they noted that the two companies were not advised at any stage of the option of reapplying for a licence within 21 days of the advertisement being published. "We consider it unfortunate that this guidance was not given," the Tribunal says." It is hoped that such guidance can be provided in the future."