European Court to clarify 0-licence rule revisions
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• by Michael G Jewell
North Western Deputy Traffic Commissioner Mark Hinchlffe is to refer a licence application by a Liverpool operator to the European Court for a definition of what constitutes a loss of good repute.
Since the beginning of October the 0-licence legislation has been amended by the removal or the word "repeated" from the phrase "convicted of repeated road transport offencesin Schedule 3 of the 1995 Act. Last week the first
haulier lost his licence as a result of the changes after a public inquiry heard that he had been convicted of several offences.
Hinchliffe called for the ruling after hearing the case of Aaron Joseph, trading as Woodcraft Haulage. of Wavertree. Joseph had sought a new national licence authorising the operation of one vehicle and one trailer at a Leeds inquiry. A previous licence held by Joseph had expired at the ( of November 1998 and an ap cation for a new licence was submitted until June 1999. then Joseph's vehicle had b( stopped by the police and b VI enforcement officer.
In November Joseph v convicted by Liverpool ma; trates of unauthorised use, I ing to keep driving records z the fraudulent use of an exc licence. He was fined £250 v £200 costs.
The Deputy TC said tha the new wording in the regi tions were to be strictly int preted it would mean that if individual was convicted more than one offence he wo no longer meet the requirem lobe of good repute.
He felt the issue was of a importance to the transp, industry that the case should referred to the European Co for clarification.
Hinchcliffe granted Jose interim authority to open pending the court's decision.