An operator who told police in a roadside check that his O-licence application was pending has lost his bid for the return of his impounded truck. When Middlewich-based William Kay, trading as KGS Event Catering, appeared before North Western Traffic Commissioner Beverley Bell, traffic examiner John Hitchen said that in July the vehicle had been stopped by police at Haydock. It was loaded with boarding, plants and equipment but was not displaying an O-licence disc.
Kay, who was driving from Middlewich to Carnoustie, told police he had applied for an O-licence and believed this allowed him to operate. A check with the Leeds Office revealed that Kay had made an O-licence application that had been rejected a new application form had been sent out. Kay said he had discovered the form had been sent to the wrong address and he was away five or six weeks at a time. He had applied for a licence because a friend told him he needed one.
He provided catering facilities at public and sporting events and after the vehicle was impounded he had had to pay to have his trailers taken to venues. The business would not be viable if he had to continue doing that. His other two vehicles were parked up. He agreed that he knew he needed an O-licence in March and accepted that he knew that he was breaking the law.
He said he did it because he had four children to support and a mortgage to pay. The TC pointed out that Kay had been told by the Traffic Area Office in May that he had no authority to operate and had disregarded that warning. Kay replied that he had not disregarded the warning he had asked for an application form.
TCs cannot allow vehicles to be operated unless there are systems in place to ensure that they are operated safely, and to do that they have to be properly licensed.