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Recovery man wins back vehicle 1
Page 16
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A recovery vehicle operator has succeeded in winning back one of his vehicles after it was impounded in April for carrying parts of dismantled vehicles.
Jeffrey Tote, of Newcastle upon Tyne, had successfully appealed against a refusal to have the vehicle returned, with the result that the Transport Tribunal directed that the matter be reconsidered by North Western Traffic Commissioner Beverley Bell. Tribunal president Hugh Carlisle QC said Tom Macartney, the IC who had refused to return the vehicle, had misdirected himself in failing to address the issue of Tote's knowledge (CM23-29 May).
Tote, trading as JT Auto Salvage. had sought the return of the twin-axle rigid flatbed on the grounds that he was not required to have an Operator's Licence for a recovery vehicle and that he was unaware that, although he could carry disabled vehicles, he could not carry parts of dismantled vehicles.
For Tote, Roger Hird admitted to Bell, sitting as a Deputy Commissioner. that in February the vehicle had been used for a purpose it should not have been.
Tote claimed he had thought that an 0-licence was needed only when carrying other people's goods. As a
result of the vehicle being detained he had lost his business and was on the dole.
He said he had not carried spare parts on the vehicle after February. He had used the vehicle to take car shale to the scrapyard but said the police had told him he did not need an 0-licence for this.
Shown a statement from a police officer. Tote admitted that he had been in trouble.
The TC said that, as a general principle, she was loathe to return vehicles where there had been a flagrant disregard of the 0-licensing system. But she felt the VI was in difficulty in this case arid she had concerns about the way the legislation was drafted. She attached weight to the fact the vehicle had been taxed as a recovery vehicle.