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Walsall-based D C Haulage & Storage has succeeded in its third bid for an O-licence, following a Birmingham public inquiry at which it produced satisfactory financial evidence, including testimony from a main customer. The company's initial application for a licence for six vehicles and two trailers was refused by the then West Midlands Traffic Commissioner, David Dixon, because of fraudulent bank statements and persistent illegal operation.

That decision was upheld by the Transport  Tribunal on appeal. A second application was refused by the current TC, Nick Jones, after he concluded that the company had continued to operate without an O-licence after it was unable to produce sufficient evidence of sub-contracting. The company had since made a fresh application for one vehicle and two trailers based at Willenhall.

For the company, Clare Riding said that it was a family business with a previous 30 years of unblemished operation. The business needed an O-licence and could not carry on for much longer without one. The past 10 months had shown that because the company made a very small profit on sub-contracting. Producing letters from various sub-contractors and one main customer, together with invoices, Riding said that they had refused to give the company written contracts.

There was evidence that the company's vehicles had not moved ,and it was now only seeking one vehicle because of its financial situation. Following an adjournment, bank statements  and associated invoices showing payments to sub-contractors were produced. In granting the licence, the TC said the company had suffered a degree of financial hardship through being unable to undertake its own haulage.

A case showing how operators who have failed in the past can re-enter the industry. The TC was satisfied that sub-contracting had taken place and that the company had heeded previous advice.