A haulier currently serving a prison sentence for running his trucks on red diesel has lost his bid to overturn an indefinite disqualification from holding or obtaining an O-licence in any Traffic Area. Robert James, whose address was given as HMP Sudbury, made his application before West Midland Deputy Traffic Commissioner Lester Maddrell 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 His licence for 15 vehicles and five trailers was revoked and he was disqualified by the then West Midland Traffic Commissioner David Dixon in 2000 after he was given a 21-month prison sentence for smuggling tobacco. In reply to the DTC James said he was due to be released on 20 December. Red diesel had been used in his lorries from August 2000 until 2003 and he had been forced to sell his house to pay the duty.
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. It was only later that he found out that had not been done. He agreed that the tobacco offence involved an LGV. He said he was released from prison 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 a tag and carried on trading with his ex-wife.
He then obtained a licence in the name of his new wife, Wendy Malloy - the day after he got back from honeymoon he was arrested for the red diesel offence. The DTC noted that the disqualification was for an indefinite period. That meant for life, unless it was cancelled. Two of the sentences that James had served would never be 'spent' so for the rest of his life James would always have more than one conviction for a serious offence on his record. If the law remained as it was this meant he would never be able to re-establish his good repute. The TC considered that to be an unfortunate outcome, even though James 
had brought the situation upon himself.