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Caravan-tower returned Tribunal win for TC A RECOVERY VEHICLE that
Page 31
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had been impounded for operating without an 0-licence has been returned to its owners after an inquiry accepted that it was being driven without their permission. This case demonstrates the care that new Thomas and Tracey Flanagan, operators must take to ensure they understand trading as JO Trading Co, of Easthe licence regulations.
triggs. Dumfries, applied for the return of their vehicle at a Southport Public Inquiry before North Western Traffic Commissioner Beverley Bell. The Vehicle Inspectorate had impounded the vehicle last December on the A74 at Harkar,Carlisle while it was carrying one caravan and towing another. Martin Callery.appearing for the Flanagans, said they were seeking the vehicle's return on the grounds that the driver, Robert Hayden, had been using it without their permission.
The firm was contracted to the Dumfriesshire Constabulary as a recovery vehicle operator and the vehicle was taxed and insured as a recovery vehicle. Callery added. The lirm also imported and sold caravans. They had bought the vehicle in September 2003 and used it to take caravans from the dockside in North Shields to Dumfries.
By October they had realised that an 0licence was required.An application had been submitted and Hayden had been told that the recovery vehicle was not to be used for the transport of caravans. When the 0-licence was initially applied for a cheque was not enclosed and the application was resubmitted in December after the vehicle was impounded.
Returning the vehicle. the TC said she was satisfied that Flanagan did not know the recovery vehicle was being used unlicensed.