News

A haulier serving a prison sentence for using red diesel must wait to see if West Midland Deputy Traffic Commissioner Lester Maddrell will overturn his indefinite disqualification from holding or obtaining an O-licence in any Traffic Area. Robert James, whose address was given as HMP Sudbury, in Derbyshire, appeared before the DTC at a Birmingham public inquiry.

James traded with his then wife, Julie, as Robert James Transport, of Birmingham. His licence for 15 vehicles and five trailers  was revoked and he was disqualified by the then West Midland Traffic Commissioner David Dixon in 2000. The disqualification followed a 21-month prison sentence for the evasion of customs duty on tobacco, an offence involving one of his trucks.  In reply to the DTC James said that he was due for release on 20 December. Red diesel had been used in his vehicles from August 2000 until 2003 he had sold his house to pay the duty owed.

When he was found guilty of the tobacco offence in 1999 his then wife was given the task of changing the operating centre and putting Ian Mitchell in place as the nominated transport manager. James later found out that had not been done. He said he came out in May 2000 but was sentenced to a further three years in April 2001 for a similar offence. He was released in the Autumn of 2002 on condition he wore a tag and initially resumed trading with his ex-wife.

He obtained a licence in the name of his new wife, Wendy Malloy, and the day after he  got back from honeymoon he was arrested for the red diesel offences. Asked about a vehicle that had been impounded, which TC Beverley Bell had refused to return, James said it should never have been on the road. When he was jailed Malloy lost her licence and she was told to park the vehicles up. That was done apart from one vehicle that was on hire to Global Logistics. His new wife's transport manager asked if it could be run on Global's licence but permission was refused

James said that he had been in transport since 1993 and was good at it. He told the DTC that he had a good name in the industry and had never operated old bangers. The problems had occurred while he was in jail. All he wanted was to be given an opportunity to get back into road transport with a licence for six vehicles. Money was not a problem and he would not be running on a shoestring. Apart from his crimes, he concluded, he had been a decent haulier. The DTC is to announce his decision in writing.