News

The Transport Tribunal has upheld the decision of the Eastern Traffic Commissioner Tom Macartney to impound a vehicle belonging to an operator who had initially denied ownership.

In March the lorry, loaded with 24 car batteries, was detained while parked in Northampton. Its operator William Fury refused to give any details, and denied ownership. Enquiries revealed the same vehicle had been the subject of a roadside check in March 2006 when Fury had claimed he was unaware of the need for  an O-licence. He was subsequently prosecuted and fined £250 plus £115 costs. A different vehicle operated by Fury was stopped in a check in April 2006. He was again prosecuted, being fined £1,200 with £115 costs.

In seeking the return of the impounded vehicle, Fury claimed the batteries had been dumped on his land, and he had put them on the lorry for safekeeping out of the reach of children. At the last roadside check, he claimed to have been told that if he applied for an O-licence he could continue to operate until it was granted. Fury said he had subsequently applied for a licence, but received no response.

In refusing to return the vehicle, the TC concluded Fury knew of the need for an O-licence, and the vehicle was being used for his commercial activities at the time it was impounded. The Transport Tribunal concluded that the TC's decision could not be faulted.