Paisley firm loses HGV licence revocation appeal25 October 2013

A Paisley-based haulier has lost its appeal against the traffic commissioner's decision to revoke its HGV operator's licence. Shearer Transport's director James Shearer – who failed to disclose offences for drugs, firearms and assault – has also failed in his bid to have his disqualification overturned.

At a tribunal hearing in Edinburgh, judge Mark Hinchliffe uphead the traffic commissioner's decision to revoke the firm's licence at the end of October. The director's disqualification takes effect from the same date.

The firm appealed after the traffic commissioner (TC) for Scotland Joan Aitken held a public enquiry into Shearer's failure to disclose convictions at the time of the company's application – a requirement of the Rehabilitation of Offenders Act.

At the enquiry, Shearer told the TC that he had taken advice on completing the application form, from individuals within the haulage industry, and was advised he did not have to disclose the offences. His wife confirmed this account.

In her written decision, the TC said that Mr and Mrs Shearer had colluded in not disclosing the convictions when applying for the operator's licence, and that she did not believe their responses.

At the appeal, Shearer Transport's solicitor said the TC's finding that the company had lost its repute was against the weight of the evidence, and that there was no evidential basis on which to disbelieve the couple's version of events.

However, the tribunal found no merit in this argument. It also noted the case had not just been concerned with whether the firm's repute was lost, but whether repute had been there in the first place. Judge Hinchcliffe said: "As the Traffic Commissioner found, the original decision to grant the licence was based on a seriously incomplete picture, due to deliberate non-disclosure of relevant matters."

Author
Laura Cork

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