Decision

Decision for Barry Taylor (Impounding)

Published 30 June 2021

0.1 TRAFFIC COMMISSIONER FOR THE WEST MIDLANDS

1. BARRY BERNHARD TAYLOR

Applicant

-v-

2. DRIVER AND VEHICLE STANDARDS AGENCY

Respondent

3. DECISION OF THE TRAFFIC COMMISSIONER

4. Background

On 10 May 2021, DVSA traffic examiner Katherine Cox impounded a skip-carrying heavy goods vehicle MV55 FFE. The vehicle was known to have been operated by Barry Bernhard Taylor until his operator licence OD1130269 was revoked with effect from 21 February 2021.

On 18 May 2021 the vehicle’s owner Barry Bernhard Taylor applied for the return of vehicle MV55 FFE on the grounds that it was not being, and had not been, used in contravention of Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995. Mr Taylor stated that the vehicle was simply being given a test run on 10 May, as it was bad for vehicles to remain stationary for long periods. The empty skip on the back of the vehicle had been there since revocation of his licence: it did not indicate any commercial activity on 10 May.

5. Hearing

In advance of the hearing, due to take place in Birmingham on 9 June 2021, Katherine Cox provided further evidence. Her witness statement was to the effect that she had initially seen the vehicle unladen but that it had reappeared a few minutes later carrying an empty skip. In her view, this made it likely that it was delivering a skip to a customer’s premises, an operation that did require an operator’s licence.

Further, Ms Cox supplied ANPR data and photographs showing that vehicle MV55 FFE had been seen on the public road on 20, 22, 24, 27 and 28 April carrying skips laden with rubbish. This appeared to contradict Mr Taylor’s assertion that the vehicle had not been used since the revocation of his licence on 21 February 2021.

Barry Taylor had initially indicated that he did not wish his application to be considered at a hearing. After I had decided nevertheless to hold one, he indicated that he would attend. However, an hour before the hearing was due to take place, I received an email from him in which he said that he would not be attending as his head was not in a good place following the death of a close relative. He found himself unable to attend to this or any other business.

While sympathising with Mr Taylor for his loss, I noted that he had not asked for the hearing to be adjourned and decided to proceed with it. I was also mindful that he had originally agreed that a hearing was not required. I thus considered the matter on the basis largely of the written evidence, although Katherine Cox did offer the clarification that the vehicle had been heading towards the yard of Viking Skips when she had seen it unladen on 10 May, before it had reappeared some ten minutes later carrying an empty skip.

After having considered the evidence I find that the grounds for Mr Taylor’s appeal have not been made out. His account that the vehicle was being used only for a test drive and had been carrying an empty skip ever since revocation of the licence on 21 February is directly contradicted by Katherine Cox’s evidence and the photographs provided of the frequent sightings of the vehicle in April 2021 on the public road carrying laden skips. This is compelling evidence and I prefer it to Mr Taylor’s simple assertion. I also note that the presence of two people in the cab when the vehicle was detained is not consistent with the account of a simple test drive.

6. Decision

As the grounds for the application of the return of the vehicle have not been made out, I am refusing the application. My decision will be notified to the applicant and to DVSA and it will be for DVSA to dispose of the vehicle once the 28 day period for appeal against this decision has ended.

Nick Denton

Traffic Commissioner

9 June 2021