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Tribunal finds revocation justified over maintenance
Page 18
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A Bury St Edmunds haulier has lost his appeal to the Transport Tribunal against the loss of his Operator's Licence for a series of maintenance problems.
Graham Buckley had his one-vehicle licence revoked and he was disqualified from holding an 0-licence for a year by Eastern Traffic Commissioner Geoffrey Simms who said he "had no confidence in Buckley's ability or willingness" to improve his maintenance system.
In May 1998 Buckley was sent a warning letter about maintenance shortcomings. In July the following year his licence was suspended for a week following an unsatisfactory maintenance investigation.
In June 2000 Buckley was sent another warning letter following the issue of an immediate prohibition and an unsatisfactory maintenance investigation. In June last year his vehicle was issued with a delayed prohibition showing a significant mainte. -,ance failure. It was
"No confidence in Buckley's ability or willingness" to improve his maintenance system.
noted that the nominated maintenance contractor was no longer being used and that the vehicle was taxed as a "special" vehicle which would only have limited use on the public highway.
When the vehicle was presented for clearance it was issued with an immediate variation notice.
When it was presented for clearance again five days later a further immediate variation notice was issued and it was noted that there was a difference in the odometer readings of 867km when the distance tc travel to and from the test station was nc more than 100km.
Dismissing Buckley's appeal against the IC's decision, the Tribunal said there waF, evidence to support Simms' conclusions. II was a bad case and it considered thal revocation and disqualification were inevitable.