In a test case, former operator Peter Wright has lost his appeal to Wigan and Leigh Magistrates against the suspension of his PSV driving licence, for driving without the Driver CPC qualification.
Traffic Commissioner (TC) Kevin Rooney, made the original order to suspend Mr Wright's licence at a driver conduct hearing in Bolton after DVSA reported him for driving without holding DCPC while driving for Rojay Services, trading as Wigan Coachways.
Though revoking Rojay’s eight-vehicle licence on financial grounds, the company having ceased to trade last August, the TC took no action against the repute of MD and Transport Manager Roger Jarvis.(routeone, Court Report, 31 May).
The TC subsequent lifted his order to indefinitely suspend the Mr Wright’s licence following confirmation that Mr Wright had passed the DCPC qualification (RouteOne, Court Report, 5 July.)
Mr Wright appealed against the suspension order as a matter of principle, arguing that the TC’s order was “null and void” because the DCPC Regulations under which the order had been made were not constitutionally lawful.
He maintained that the decision of the High Court in Leeds in April, in a similar case involving Hull drivers Craig Andrew Watts, dismissing Mr Watts’ appeal was wrong in holding that the Articles of an EU Directive need not follow the recitals and that Magna Carta was not relevant.
Since that hearing, further EU legislation had come to light requiring that the Articles in the Regulation must follow the recital, meaning that if they did not the law derived and implemented would be defective.
Dismissing Mr Wright’s appeal, and ordering him to pay £1,229 costs, the District Judge ruled that he was bound by the High Court’s decision.
Mr Wright is appealing against the District Judge’s decision.
