News

The Transport Tribunal has upheld Scottish traffic commissioner Joan Aitken's decision to refuse to return a crane bolted to an impounded vehicle. The Glasgow hearing dismissed the appeal of Matthew Cooney, trading as MC Blasting, that the crane was not part of the vehicle. He had accepted that he was at fault for operating the vehicle without an O-licence at a February hearing. But he had applied separately for the return of the crane, arguing that it was part of the contents and not the vehicle  itself.

The tribunal heard that it was held on by eight bolts and was detachable accordingly it was returnable under the regulations. The rigid vehicle was seized at the Loans Bypass, Ayrshire, in January, carrying three scrapped cars. Cooney, a disqualified driver at the time, admitted to being the owner. He received a warning last November about the likelihood of impounding if he continued to use the truck without an O-licence, and had been convicted of operating a vehicle without an O-licence in 2003.

Aitken said at the original inquiry that the crane was part of the vehicle, being bolted to it and intrinsic in its use. The tribunal upheld the decision, saying the evidence indicated that after buying the truck, Cooney fitted the crane so adapted for his business of carrying scrapped cars. In the circumstances, it was plain that the crane was not then part of "the contents".